Unofficial translation
In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On Public Services”, I HEREBY ORDER:
Footnote. Preamble - as amended by the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated 21.01.2022 № 16 (shall come into effect ten calendar days after the day of its first official publication).1. To approve:
1) the Rules for the provision of public service “Registration, re-registration, issuance of a duplicate certificate of a domestic TV and radio channel” in accordance with Appendix 1 to this order;
2) the Rules for the provision of public service “Issuance of a license to engage in activities for the distribution of TV and radio channels” in accordance with Appendix 2 to this order;
3) the Rules for the provision of public service “Registration, re-registration, issuance of a duplicate certificate of a foreign TV and radio channel distributed on the territory of the Republic of Kazakhstan” in accordance with Appendix 3 to this order;
4) the Rules for the provision of the public service “Registration or re-registration of periodicals, news agencies and online publications” in accordance with Appendix 4 to this order.
Footnote. Paragraph 1 - as amended by the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated 25.02.2022 № 50 (shall come into effect ten calendar days after the day of its first official publication).2. To recognize as invalid some orders under Annex 6 to this order.
3. In accordance with the procedure established by the legislation of the Republic of Kazakhstan, the Information Committee of the Ministry of Information and Public Development of the Republic of Kazakhstan shall:
1) ensure the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) place this order on the Internet resource of the Ministry of Information and Public Development of the Republic of Kazakhstan.
4. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Information and Public Development of the Republic of Kazakhstan.
5. This order shall enter into force upon expiry of ten calendar days after the date of its first official publication.
Minister | |
of Information and Public Development | |
of the Republic of Kazakhstan | D. Abayev |
Annex to the order dated April 2, 2020 № 101 |
The Rules
for the provision of public services “Registration, re-registration,
issuance of a duplicate certificate of a domestic TV and radio channel”
Footnote. Rules - as amended by the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated 21.01.2022 № 16 (shall come into effect ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. These Rules have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” and shall determine the procedure for providing the state service “Registration, re-registration, issuance of a duplicate certificate of a domestic TV and radio channel.”
2. The public service “Registration, re-registration, issuance of a duplicate certificate of a domestic TV and radio channel” (hereinafter referred to as the Public service) shall be provided by the Information Committee of the Ministry of Information and Social Development of the Republic of Kazakhstan (hereinafter referred to as the Service provider).
3. The authorized body shall send information about the changes and (or) additions to these Rules to the operator of the information and communication infrastructure of “electronic government”, the service provider and the Unified Contact Center within three working days from the date of state registration with the justice authorities.
Chapter 2. Procedure for the provision of public services
Footnote. Paragraph 3 - as amended by the order of the acting Minister of Information and Social Development of the Republic of Kazakhstan dated 30.12.2022 № 570 (shall come into effect ten calendar days after the day of its first official publication).
4. To receive public services, individuals and (or) legal entities engaged in the provision of services in the field of TV and radio broadcasting on the territory of the Republic of Kazakhstan (hereinafter referred to as the Service recipient) shall send to the service provider through the “electronic government” web portal www.egov.kz, www.elicense.kz (hereinafter referred to as the Portal), an application in the form in accordance with Appendices 1, 2 or 3 to these Rules, as well as documents specified in the List of basic requirements for the provision of public services in accordance with Appendix 4 to these Rules.
The office of the service provider shall receive them, register them and transfer them to the responsible structural unit for execution. When a service recipient applies after the end of working hours, on weekends and holidays, in accordance with labour legislation, applications shall be accepted and results of the provision of public services shall be issued on the next working day.
An employee of the responsible structural unit of the service provider, shall within 2 (two) working days from the moment of registration of documents, check the completeness of the submitted documents.
The service provider shall receive information about the identification documents of the service recipient, about state registration (re-registration) of a legal entity, about registration as an individual entrepreneur, and a document confirming payment from the relevant state information systems through the “electronic government” gateway.
When the service recipient submits an incomplete package of documents and (or) documents with an expired validity period, an employee of the responsible structural unit, within the specified time frame, shall prepare a reasoned refusal to further consider the application in the form of an electronic document signed with an electronic digital signature (hereinafter referred to as EDS) of the head or his deputies of the authorized body and sends to the applicant in the personal account of the Portal.
When identifying grounds for a refusal to provide a public service, the service provider shall notify the service recipient of the preliminary decision to refuse to provide the public service, as well as the time and place (method) of the hearing to provide the service recipient with the opportunity to express a position on the preliminary decision.
The service provider shall notify the service recipient of the hearing at least 3 (three) working days before the end of the period for providing the public service. The hearing shall be held no later than 2 (two) working days from the date of notification in accordance with paragraph 1 of Article 73 of the Administrative Procedure Code of the Republic of Kazakhstan.
Based on the results of the hearing, the service provider shall issue a certificate of registration, re-registration, issuance of a duplicate of a domestic TV or radio channel, or a reasoned refusal to provide a public service.”
Footnote. Paragraph 4 - as amended by the order of the acting Minister of Information and Social Development of the Republic of Kazakhstan dated 30.12.2022 № 570 (shall come into effect ten calendar days after the day of its first official publication).5. If the service recipient provides a full package of documents to obtain a certificate of registration, an employee of the structural unit of the service provider, shall within 8 (eight) working days, review the documents for the content of the application, check for the presence of the same name in the register of domestic TV and radio channels, and also check the provided receipt for correctness of filling in the details, and based on the results, generate a certificate of registration.
If the service recipient does not meet the above requirements, the service provider shall decide to refuse to provide the public service.
A notification with a preliminary decision on refusal to provide a public service shall be sent to the service recipient no later than 3 (three) working days before signing it.
The service recipient shall submit an objection to the preliminary decision to refuse to provide a public service no later than 2 (two) working 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 certificate of registration or a reasoned refusal to provide a public service.
6. A TV and radio channel shall be subject to re-registration in cases of a change of owner or a change in the organizational and legal form, name, as well as the name of the TV or radio channel.
7. When submitting applications by a service recipient for re-registration of the certificate, an employee of the structural unit of the service provider shall review the documents within 8 (eight) working days for the content of the application, check for the presence of the same name in the register of registered domestic TV and radio channels, and also, in case of a change in owner, check the provided data of documents confirming the change of owner/transfer of ownership rights.
If the service recipient does not meet the above requirements, the service provider shall decide to refuse to provide the public service.
The service recipient shall be sent a notification with a preliminary decision on refusal to provide a public service no later than 3 (three) working days before signing it.
The service recipient shall submit an objection to the preliminary decision to refuse to provide a public service no later than 2 (two) working days from the date of receipt of the notification.
Based on the results of consideration of the objection, in case of receipt from the service recipient, the service provider shall issue a certificate of re-registration or a reasoned refusal to provide a public service.
8. When a service recipient submits applications for a duplicate certificate of registration of a domestic TV and radio channel (if the previously issued certificate of registration of a domestic TV and radio channel was issued in paper form), an employee of the responsible structural unit of the service provider shall review the applications within 8 (eight) working days for the content of the application and also check the provided receipt to ensure that the details are filled out correctly.
If the service recipient does not meet the above requirements, the service provider shall decide to refuse to provide the public service.
The service recipient shall be sent a notification with a preliminary decision on refusal to provide a public service no later than 3 (three) working days before signing it.
The service recipient shall submit an objection to the preliminary decision to refuse to provide a public service no later than 2 (two) working 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 duplicate certificate or a reasoned refusal to provide a public service.
9. The following shall be the grounds for refusal to provide public services:
1) the service provider has previously issued a certificate of registration of a TV or radio channel with the same name and distribution in the same territory or confusingly similar to the name of a previously created TV or radio channel;
2) the content of the application does not comply with the requirements of Appendix 4 of these Rules;
3) the fee for registering a TV or radio channel has not been paid;
4) in the application for re-registration of a TV and radio channel due to a change of owner, the number and date of the agreement on the transfer of ownership rights to the TV and radio channel to another person are not indicated;
5) a TV or radio channel with the same name (part of the name) and the same thematic focus, the production of which was previously terminated by the court, has been applied for registration, or a TV or radio channel has been declared that duplicates the name and thematic focus, as well as in the case of applying the owner or editor-in-chief (editor) of a TV or radio channel, the production of which was terminated by a court decision, within three years from the date the court decision entered into legal force;
6) establishing the unreliability of the documents submitted by the service recipient to receive public service, and (or) the data (information) contained in them;
7) concerning the service recipient, there is a court decision (sentence) that has entered into legal force to prohibit activities or certain types of activities requiring the receipt of a specific public service.
Chapter 3.
The procedure for appealing decisions, actions (inaction) of central government bodies,
service providers and (or) their officials regarding the provision of public services
10. Consideration of a complaint against a decision, or action (inaction) of the service provider regarding the provision of public services shall be carried out by an official, a higher authorized body in the field of TV and radio broadcasting, an authorized body for assessing and monitoring the quality of provision of public services (hereinafter referred to as the Body considering the complaint) in accordance with the legislation of the Republic of Kazakhstan.
The complaint shall be submitted to the service provider and (or) official whose decision, action (inaction) is being appealed.
The service recipient's complaint received by the service provider, in accordance with paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan “On Public Services,” shall be subject to consideration within 5 (five) working days from the date of its registration.
A service recipient's complaint received by the authorized body for assessing and monitoring the quality of public services shall be subject to consideration within 15 (fifteen) working days from the date of its registration.
The service provider, the official whose decision, or action (inaction) is being appealed, no later than 3 (three) working days from the date of receipt of the complaint, shall send it and the administrative file to the body considering the complaint.
In this case, the service provider, the official whose decision, or action (inaction) is being appealed, shall have the right not to forward the complaint to the body considering the complaint if he, within 3 (three) working days, adopts a favourable administrative act, carries out an administrative action that fully satisfies the requirements specified in the complaint.
Unless otherwise provided by law, an appeal to the court shall be allowed after a pre-trial appeal.
Footnote. Paragraph 10 - as amended by the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated 04.08.2022 № 302 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).Appendix 1 to the Rules for the provision of public services “Registration, re-registration, issuance of a duplicate certificate of a domestic TV and radio channel” |
Form
(full name of the body
issuing the certificate of registration
of the domestic TV and radio channel)
Application
I hereby request you to register the domestic TV, radio channel
_________________________________________________________________________
(name of the TV, radio channel)
Name of the owner of the TV, radio channel
_________________________________________________________________________
(last name, first name, patronymic (if any) name and legal form of the owner)
Address of the owner of the TV, radio channel ___________________________________
(place of residence/location, contact details)
BIN/IIN __________________________________________________________________
The thematic focus of a TV, radio channel: ______________________________________
Average daily volume of own broadcasting: ______________________________________
Average daily volume of rebroadcasting: ______________________ _________________
(last name, first name, patronymic (if any) (signature) name of the applicant)
I hereby agree to the use of information constituting a secret protected by law contained in information systems
Place of stamp (if any) “_____” _________________20___
Appendix 2 to the Rules for the provision of public services “Registration, re-registration, issuance of a duplicate certificate of a domestic TV and radio channel” Form |
____________________________
(full name of the body issuing the certificate
of registration of the domestic TV and radio channel)
Application
I hereby request you to re-register the domestic TV and radio channel
___________________________________________________________________
(name of the TV, radio channel)
for the following reason _______________________________________________
(indicate the reason)
Name of the owner of the TV and radio channel ____________________________
(last name, first name, patronymic (if any))
___________________________________________________________________
(if any)/name and organizational and legal form
of the owner)
Address of the owner of the TV, radio channel_____________________________
(place of residence/location, contact details)
BIN/IIN____________________________________________________________
Thematic focus of the TV, radio channel: _________________________________
Average daily volume of own broadcasting: _______________________________
Average daily volume of rebroadcasting: __________________________________
Data of documents confirming the change of owner/transfer ownership rights:
(indicate the document data, number and date of the document, IIN/BIN and last name,
first name, patronymic (if any) name and organizational and legal form of the person
to whom the ownership rights are transferred (to be filled in in case of a change of owner)
№ Document data
1
2
I hereby agree to the use of information constituting a secret protected by law contained in the information systems
_______ "__" ____ 20 __ (signature)
___________________________________ _____________________
(last name, first name, patronymic (if any) (signature)
name of the applicant)
Place of stamp "__" _____________ 20___ (if any)
Appendix 3 to the Rules for the provision of public services “Registration, re-registration, issuance of a duplicate certificate of a domestic TV and radio channel ” |
Form
____________________________
(full name of the body issuing the certificate
of registration of the domestic TV and radio channel)
Application
I hereby request you to issue a duplicate certificate of registration of the domestic TV,
radio channel __________________________________________________________________
(name of the TV, radio channel)
in connection with ______________________________________________________________
(indicate the reason)
Name of the owner of the TV, radio channel
_____________________________________________________________________________
(last name, first name, patronymic (if any) name and organizational and legal owner form)
Address of the owner of the TV and radio channel
_____________________________________________________________________________
(place of residence/location, contact details)
BIN/IIN______________________________________________________________________
Attached to the application:
1.__________________________________________________________________
2.__________________________________________________________________
(Full name (if any) name of the applicant) (signature)
I hereby agree to the use of information constituting a legally protected secret contained in information systems
__________ "__" __________ 20__ (signature)
Place of stamp "__" _____________20___ (if any)
Appendix 4 to the Rules for the provision of public services “Registration, re-registration, issuance of a duplicate certificate of a domestic TV and radio channel” |
Footnote. Appendix 4 - as amended by the order of the acting Minister of Information and Social Development of the Republic of Kazakhstan dated 30.12.2022 № 570 (shall come into effect ten calendar days after the day of its first official publication).
List of basic requirements for the provision of public services (name of public service) “Registration, re-registration, issuance of a duplicate certificate of a domestic TV and radio channel” | ||
1 | Name of service provider | Information Committee of the Ministry of Information and Social Development of the Republic of Kazakhstan |
2 | Methods of providing public services | Acceptance of applications and issuance of results is carried out through the “electronic government” web portal: www.egov.kz, www.elicense.kz. |
3 | Duration of provision of public services | Delivery time is 10 (ten) working days. |
4 | Form of provision of public services | Electronic (fully automated) |
5 | The result of the provision of public services | The result of the provision of a public service is a certificate of registration, re-registration of a domestic TV and radio channel (hereinafter referred to as the Certificate), a duplicate of the certificate, or a reasoned response to the refusal to provide a public service, in cases and on the grounds provided for by these rules. On the portal, the result of the provision of a public service or a reasoned response about the refusal to provide a public service shall be sent to the “personal account” in the form of an electronic document signed with the digital signature of an authorized person of the service provider. |
6 | The amount of fees charged from the service recipient when providing a public service, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan |
The public service shall be provided on a paid basis to individuals and legal entities (hereinafter referred to as the Service recipient). The registration fee rates for the provision of public services in accordance with paragraph 7 of Article 553 of the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” (Tax Code) are: |
7 | Work schedule of the service provider and information objects |
1) portal - around the clock, except for technical breaks in connection with repair work (when the service recipient contacts after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the application shall be accepted and the result of the provision of public services shall be is issued on the next working day); |
8 | List of documents and information required from the service recipient for the provision of public services |
1) to register a domestic TV and radio channel, the service recipient shall apply (request) in the form of an electronic document, signed with an electronic digital signature (hereinafter referred to as the Digital signature) of the service recipient, a form of information in accordance with Appendix 5 to these Rules; |
9 | Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan |
1) the service provider has previously issued a certificate of registration of a TV or radio channel with the same name and distribution in the same territory or confusingly similar to the name of a previously created TV or radio channel; |
10 | Other requirements taking into account the specifics of the provision of public services | The service recipient shall receive public services in electronic form through the portal, subject to the availability of an electronic signature. The service recipient shall receive information about the procedure and status of the provision of public services in remote access mode through the “personal account” of the portal, as well as a Single Contact Center for the provision of public services. Contact numbers of help desks regarding the provision of public services shall be listed on the Internet resource www.qogam.gov.kz, in the “Public Services” section, a Single Contact Center for the provision of public services: 1414, 8 800 080 7777. |
Appendix 5 to the Rules for the provision of public services “Registration, re-registration, issuance of a duplicate certificate of a domestic TV and radio channel” |
Information form
Property rights of the owner of a TV and radio channel to premises and areas with a separate entrance or to rent them:
(the location of the premises and its characteristics are indicated)
(area per square meter, cadastral number, type of property right, lease agreement data)
№ | Room type | Address | Characteristic |
1 | For the placement and operation of technical means necessary for the functioning of TV and radio broadcasting (studio, hardware, auxiliary) | ||
2 | To accommodate creative staff (editorial) | ||
3 | For administrative and management personnel belong to the owner of the TV and radio channel |
undertakes________________________________________________________________
(last name, first name, patronymic (if any)/name and legal form of the owner)
keep a record and ensure storage of broadcast and rebroadcast TV and radio programs for six months.
I hereby agree to the use of information constituting a legally protected secret contained in information systems
__________ “_____” _________ 20 ____
(signature)___________________________ _____________________
(last name, first name, patronymic (if any) / (signature) name of the applicant)
Place of stamp “___” _____________ 20___ (if any)
Appendix 2 to order dated April 2, 2020 № 101 |
The Rules
for the provision of the state service “Issuance of a license to engage
in activities for the distribution of TV and radio channels”
Footnote. Rules - as amended by the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated 21.01.2022 № 16 (shall come into effect ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. These Rules have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” and shall determine the procedure for providing the state service “Issuance of a license to engage in activities for the distribution of TV and radio channels.”
2. The public service “Issuance of a license to engage in activities related to the distribution of TV and radio channels” (hereinafter referred to as the Public service) shall be provided by the Information Committee of the Ministry of Information and Social Development of the Republic of Kazakhstan (hereinafter referred to as the Service provider).
3. The authorized body shall send information about the changes and (or) additions to these Rules to the operator of the information and communication infrastructure of “electronic government”, the service provider and the Unified Contact Center within three working days from the date of state registration with the justice authorities.
Footnote. Paragraph 3 - as amended by the order of the acting Minister of Information and Social Development of the Republic of Kazakhstan dated December 30.12.2022 № 570 (shall come into effect ten calendar days after the day of its first official publication).Chapter 2. Procedure for the provision of public services
4. To receive public services, individuals and (or) legal entities engaged in the provision of services in the field of TV and radio broadcasting on the territory of the Republic of Kazakhstan (hereinafter referred to as the Service recipient) shall send to the service provider through the “electronic government” web portal www.egov.kz, www.elicense.kz (hereinafter referred to as the Portal), an application in the form in accordance with Appendices 1 and 2, as well as documents specified in the List of basic requirements for the provision of public services in accordance with Appendix 4 to these Rules.
The office of the service provider shall receive them, register them and transfer them to the responsible structural unit for execution. When a service recipient applies after the end of working hours, on weekends and holidays, in accordance with labor legislation, applications are accepted and results of the provision of public services are issued on the next working day.
An employee of the responsible structural unit of the service provider, shall within 2 (two) working days from the moment of registration of documents, check the contents of the application and the completeness of the submitted documents, as well as the provided receipt to ensure that the details are filled out correctly.
The service provider shall receive information about the identification documents of the service recipient, about state registration (re-registration) of a legal entity, about registration as an individual entrepreneur, and a document confirming payment from the relevant state information systems through the “electronic government” gateway.
When the service recipient submits an incomplete package of documents and (or) documents with an expired validity period, an employee of the responsible structural unit, shall within the specified time frame, prepare a reasoned refusal to further consider the application in the form of an electronic document signed with an electronic digital signature (hereinafter referred to as EDS) of the head or his deputies of the authorized body and send to the applicant in the personal account of the Portal.
When identifying grounds for refusal to provide a public service, the service provider shall notify the service recipient of the preliminary decision to refuse to provide the public service, as well as the time and place (method) of the hearing to provide the service recipient with the opportunity to express a position on the preliminary decision.
The service provider shall notify the service recipient of the hearing at least 3 (three) working days before the end of the period for providing the public service. The hearing shall be held no later than 2 (two) working days from the date of notification in accordance with paragraph 1 of Article 73 of the Administrative Procedure Code of the Republic of Kazakhstan.
Based on the results of the hearing, the service provider shall issue a license to engage in activities for the distribution of TV and radio channels or a reasoned refusal to provide a public service.
Footnote. Paragraph 4 - as amended by the order of the acting Minister of Information and Social Development of the Republic of Kazakhstan dated 30.12.2022 № 570 (shall come into effect ten calendar days after the day of its first official publication).5. If the service recipient provides a full package of documents to obtain a license to engage in activities for the distribution of TV and radio channels, an employee of the structural unit of the service provider shall within 11 (eleven) working days review the documents and information form for compliance with qualification requirements by conducting preventive control in accordance with the Entrepreneurial Code of the Republic of Kazakhstan. Based on the results of preventive control, an employee of the service provider’s structural unit shall issue a license to engage in activities related to the distribution of TV and radio channels.
If the service recipient does not meet the above requirements, the service provider shall decide to refuse to provide the public service.
The service recipient shall be sent a notification with a preliminary decision on refusal to provide a public service no later than 3 (three) working days before signing it.
The service recipient shall submit an objection to the preliminary decision to refuse to provide a public service no later than 2 (two) working 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 license to engage in activities for the distribution of TV and radio channels, or a reasoned refusal to provide a public service.
6. Licenses for engaging in activities for the distribution of TV and radio channels shall be subject to re-issuance in cases of change in the name of the type and (or) subtype of activity, last name, first name, patronymic (if any) of an individual, individual entrepreneur, change in his/her name and address, legal entity in the form of merger, accession, separation or transformation, name and (or) legal address of the legal entity license.
7. When the service recipient applies for re-issuance of a license, an employee of the service provider’s structural unit shall within 11 (eleven) working days review the documents on the contents of the application and shall also check the provided receipt to ensure that the details are filled out correctly.
If the service recipient does not meet the above requirements, the service provider shall decide to refuse to provide the public service.
The service recipient shall be sent a notification with a preliminary decision on refusal to provide a public service no later than 3 (three) working days before signing it.
The service recipient shall submit an objection to the preliminary decision to refuse to provide a public service no later than 2 (two) working 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 license to engage in activities for the distribution of TV and radio channels, or a reasoned refusal to provide a public service.
8. The following shall be the grounds for a refusal to provide a public service:
1) engaging in a type of activity prohibited by the laws of the Republic of Kazakhstan for this category of subjects;
2) the license fee for the right to engage in activities related to the distribution of TV and radio channels has not been paid;
3) concerning the service recipient there is a court decision (sentence) that has entered into legal force, prohibiting him/her from engaging in activities for the distribution of TV and radio channels;
4) the court, based on the recommendation of the bailiff, temporarily prohibits the recipient of the state service from obtaining licenses;
5) non-compliance with qualification requirements for licensing activities in the field of TV and radio broadcasting and the list of documents confirming compliance with them, approved by order of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated January 20, 2015 № 29 (registered in the Register of State Registration of Normative Legal Acts № 10357).
Chapter 3.
The procedure for appealing decisions, actions (inaction) of central government bodies,
service providers and (or) their officials regarding the provision of public services
9. Consideration of a complaint against a decision, action (inaction) of the service provider regarding the provision of public services shall be carried out by an official, a higher authorized body in the field of TV and radio broadcasting, an authorized body for assessing and monitoring the quality of provision of public services (hereinafter referred to as the Body considering the complaint) in accordance with the legislation of the Republic of Kazakhstan.
The complaint shall be submitted to the service provider and (or) official whose decision, action (inaction) is being appealed.
The service recipient's complaint received by the service provider, in accordance with paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan “On Public Services,” shall be subject to consideration within 5 (five) working days from the date of its registration.
A service recipient's complaint received by the authorized body for assessing and monitoring the quality of public services shall be subject to consideration within 15 (fifteen) working days from the date of its registration.
The service provider, the official whose decision, action (inaction) is being appealed, shall no later than 3 (three) working days from the date of receipt of the complaint, send it and the administrative file to the body considering the complaint.
In this case, the service provider, the official whose decision, action (inaction) is being appealed, shall have the right not to forward the complaint to the body considering the complaint if he/she, within 3 (three) working days, adopts a favorable administrative act, carries out an administrative action that fully satisfies the requirements specified in the complaint.
Unless otherwise provided by law, an appeal to the court shall be allowed after a pre-trial appeal.
Footnote. Paragraph 9 - as amended by the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated 04.08.2022 № 302 (shall come into effect ten calendar days after the day of its first official publication).Appendix 1 to the Rules for the provision of public services “Issuance of a license to engage in activities related to the distribution of TV and radio channels” |
Form
Application of a legal entity for obtaining (re-issuance) of a license
To_____________________________________________________________
(full name of the licensor)
dated __________________________________________________________
(full name of the legal entity, business identification number)
I hereby request you to issue a license to carry out activities
_______________________________________________________________
(indicate the type of activity and (or) subtype(s) of activity)
Address of the legal entity
____________________________________________________________________________________
(postal code, region, city, district, settlement, street name, house/building number (stationary premises)
Email ______________________________________________________
Telephone numbers ___________________________________________
Fax ________________________________________________________
Bank account ________________________________________________
(account number, name and location of the bank)
Address(es) of carrying out activities ________________________________________
(postal) index, region, city, district, settlement, street name, house/building number (stationary premises)
________ sheets are attached
This is to confirm that: all specified data are official contacts, and any information concerning issue or refusing to issue a license is directed to them; the applicant is not prohibited by the court from engaging in the licensed type and (or) subtype of activity; all attached documents are true and valid.
I hereby agree to the use of information constituting a legally protected secret contained in information systems
___________ “__” _______ 20 __ (signature)
Manager ______________ ________________________
(signature)
(last name, first name, patronymic (if any)
Place of stamp
Date of completion: “__” _________ 20 __ (if any)
Appendix 2 to the Rules for the provision of public services “Issuance of a license to engage in activities related to the distribution of TV and radio channels” |
Form
Application of an individual for obtaining (re-issuance) of a license
To ___________________________________________________________
(full name of the licensor)
dated _________________________________________________________
(last name, first name, patronymic (if any) of the individual, individual identification number)
I hereby request you to issue a license to carry out activities
______________________________________________________________
(indicate the type of activity and (or) subtype(s) of activity)
Address of residence of an individual
______________________________________________________________
(postal code, region, city, district, settlement, street name, house/building number)
Email _____________________________________________
Telephone numbers __________________________________
Fax _______________________________________________
Bank account _______________________________________
(account number, name and location of the bank)
Address(es) of carrying out activities
___________________________________________________
(postal code, region, city, district, settlement, street name, house/building number (stationary premises)
________ sheets are attached
This is to confirm that: all specified data are official contacts, and any information concerning issuance or refusing to issue a license is directed to them; the applicant is not prohibited by the court from engaging in the licensed type and (or) subtype of activity; all attached documents are true and valid.
I hereby agree to the use of information constituting a legally protected secret contained in information systems
__________ "__" ____ 20 __ (signature)
Individual ____________ ______________________________ (signature)
(last name, first name, patronymic (if any)
Place of stamp (if any)
Date of completion: “__” __ 20 _
Appendix 3 to the Rules for the provision of public services “Issuance of a license to engage in activities related to the distribution of TV and radio channels” |
Footnote. Appendix 3 - as amended by the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated 04.08.2022 № 302 (shall come into effect ten calendar days after the day of its first official publication).
Form
Forms of information on compliance with qualification requirements for carrying out
activities for the distribution of TV and radio channels
1. Number of employees
______________________________________________________________;
Number of engineering and technical specialists
______________________________________________________________;
work experience in the speciality:
up to 1 year
______________________________________________________________;
more than a year
______________________________________________________________;
Specialist's name | Specialist name | Specialist's surname | Speciality | № of higher education diploma | Diploma issue date | Name of the higher education institution | Work experience in speciality | Job title |
2. Obligations to ensure: technical quality of transmission of TV and
radio channels in accordance with current standards in the field of TV and radio broadcasting: yes/no;
organization of public notification in case of emergencies: yes/№
3. Technical details:
1) name of the network being created:
terrestrial/cable/satellite/via telecommunications network;
2) broadcasting coverage area ________________________________________;
3) network type____________________________________________________;
name of the standard________________________________________________;
number of the standard ______________________________________________;
4) list of distributed TV and radio channels______________________________;
list by stages of development _________________________________________;
brief characteristics _________________________________________________;
5) conditional access system, in case of using ____________________________;
6) principles of organizing the network management and operation system______
__________________________________________________________________;
7) network capacity and/or number of subscribers, including by stages of development:
MHz volume _______________________________________________________;
number of subscribers________________________________________________;
8) interaction with other TV and radio broadcasting and communication networks:
contract number ___________________ (including the reception of TV channel signals from
other TV broadcast operators);
date of conclusion of the contract _______________________________________;
with whom the contract was concluded (name of legal and individuals)
__________________________________________________________________;
9) method of organizing interstation connections, indicating specific technical means:
using own technical means ____________________________________________;
via leased channels of other networks ____________________________________;
contract number _____________________________________________________;
date of conclusion of the contract _______________________________________;
with whom the agreement was concluded (name of legal entity and individual)
__________________________________________________________________
__________________________________________________________________;
10) the method of organizing the connection of the applicant’s network to the networks of other operators:
contract number _____________________________________________________;
date of conclusion of the contract _______________________________________;
with whom the contract was concluded (name of legal and individuals)__________;
11) name of the equipment for which it is necessary to obtain frequency
assignments (for terrestrial/cable/satellite networks) _________________________;
___________________________________________________________________
12) source and method of delivery of distributed TV and radio channels to the head office
station:
studio location _____________________________________________________;
type of network used ________________________________________________;
13) availability of a sanitary passport of equipment with frequency assignment
(in the case of distribution of TV and radio channels using the radio frequency spectrum): number and date of issue
________________________________________________________________;
name of the authority that issued the passport _____________________________;
passport validity period ______________________________________________;
14) artificial earth satellites (in the case of using satellite communication channels)
(for terrestrial/cable/satellite networks):
name ______________________________________________________________;
affiliation ___________________________________________________________;
location ____________________________________________________________;
service zone _________________________________________________________;
occupied frequency band _______________________________________________;
channel speed ________________________________________________________;
energy characteristics of the satellite system ___________________________.
4. Preliminary agreements for the retransmission of TV and radio channels with TV and
radio companies-right holders (for multi-program broadcasting): agreement number
__________________________________________________________________;
date of conclusion ___________________________________________________;
with whom the agreement was concluded (name of the legal entity and individual)
_________________________________________________________________.
List of channels specified in the contract _________________________________.
5. Availability of premises and area for placement and operation of technical equipment:
Area of the rented premises __________________________________;
Location of the rented premises _______________________________;
lease agreement number ______________________________________________;
date of conclusion of the lease agreement ________________________________;
with whom the lease agreement was concluded ____________________________.
6. Availability of premises and area for administrative and management
personnel.
Area of rented premises ________________________________________________;
Location of the rented premises __________________________________________;
lease agreement number ________________________________________________;
date of conclusion of the lease agreement __________________________________;
with whom the lease agreement was concluded ______________________________.
7. Availability of premises and area to serve the population:
Area of the rented premises______________________________________________;
Location of the rented premises __________________________________________;
lease agreement number ________________________________________________;
date of conclusion of the lease agreement __________________________________;
with whom the lease agreement was concluded ______________________________.
Appendix 4 to the Rules for the provision of public services “Issuance |
|
of a license to engage in activities for the distribution of TV and radio channels” |
Footnote. Appendix 4 - as amended by the order of the acting Minister of Information and Social Development of the Republic of Kazakhstan dated 30.12.2022 № 570 (shall come into effect ten calendar days after the day of its first official publication).
List of basic requirements for the provision of public services (name of public service) “Issuance of a license to engage in activities for the distribution of TV and radio channels” | ||
1 | Name of the service provider | Information Committee of the Ministry of Information and Social Development of the Republic of Kazakhstan |
2 | Methods of providing public services | Acceptance of applications and issuance of results is carried out through the “electronic government” web portal: www.egov.kz, www.elicense.kz. |
3 | Duration of provision of public services | The delivery period is 13 (thirteen) working days. |
4 | Form of provision of public services | Electronic (fully automated) |
5 | The result of the provision of public services | The result of the provision of a public service is a license to engage in activities related to the distribution of TV and radio channels (hereinafter referred to as the License), or a reasoned response to the refusal to provide a public service, in cases and on the grounds provided for by these rules. On the portal, the result of the provision of a public service or a reasoned response about the refusal to provide a public service shall be sent to the “personal account” in the form of an electronic document signed with the digital signature of an authorized person of the service provider. |
6 | The amount of fees charged from the service recipient when providing a public service, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan |
The public service shall be provided on a paid basis to individuals and legal entities. Rates for the provision of public services in accordance with paragraph 4 of Article 554 of the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” (Tax Code) shall be: |
7 | Work schedule of the service provider and information objects |
1) portal - around the clock, except for technical breaks in connection with repair work (when the service recipient contacts after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the application shall be accepted and the result of the provision of public services shall be issued on the next working day); |
8 | List of documents and information required from the service recipient for the provision of public services |
1) to obtain a license: application (request) in the form of an electronic document certified by the digital signature of the service recipient; the form of information specified in Appendix 3 to these Rules; an electronic copy of the scheme for organizing public notification in case of emergency situations (compiled in free form); an electronic copy of the TV and radio broadcasting grid organization diagram (for terrestrial/cable/satellite networks) (compiled in any form); an electronic copy of the transmission plan used in the network of transmitting and receiving satellite stations provided by the satellite operator (in the case of using satellite communication channels); an electronic copy of the list of used measuring instruments and testing equipment indicating metrological characteristics; an electronic copy of certificates confirming the verification or metrological certification of measuring instruments and testing equipment (in the case of providing services using a telecommunications network, the presence of measuring instruments and testing equipment is not required); |
9 | Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan |
1) engaging in a type of activity prohibited by the laws of the Republic of Kazakhstan for this category of subjects; |
10 | Other requirements taking into account the specifics of the provision of public services | The service recipient shall receive public services in electronic form through the portal, subject to the availability of an electronic signature. The service recipient shall receive information about the procedure and status of the provision of public services in remote access mode through the “personal account” of the portal, as well as a Single Contact Center for the provision of public services. Contact numbers of help desks regarding the provision of public services are listed on the Internet resource www.qogam.gov.kz, in the “Public Services” section, a Single Contact Center for the provision of public services: 1414, 8 800 080 7777. |
Appendix 3 to order dated April 2, 2020 № 101 |
The Rules
for the provision of public services “Registration, re-registration, issuance of a duplicate certificate
of a foreign TV and radio channel distributed on the territory of the Republic of Kazakhstan”
Footnote. Rules - as amended by the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated January 21.01.2022 № 16 (shall come into effect ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. These Rules have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” and shall determine the procedure for providing the state service “Registration, re-registration, issuance of a duplicate certificate of a foreign TV and radio channel distributed on the territory of the Republic of Kazakhstan.”
2. The public service “Registration, re-registration, issuance of a duplicate certificate of a foreign TV and radio channel distributed on the territory of the Republic of Kazakhstan” (hereinafter referred to as the Public service) shall be provided by the Information Committee of the Ministry of Information and Social Development of the Republic of Kazakhstan (hereinafter referred to as the Service provider).
3. The authorized body shall send information about the changes and (or) additions to these Rules to the operator of the information and communication infrastructure of “electronic government”, the service provider and the Unified Contact Center within three working days from the date of state registration with the justice authorities.
Footnote. Paragraph 3 - as amended by the order of the acting Minister of Information and Social Development of the Republic of Kazakhstan dated 30.12.2022 № 570 (shall come into effect ten calendar days after the day of its first official publication).Chapter 2. Procedure for the provision of public services
4. To receive public services, individuals and (or) legal entities engaged in the provision of services in the field of TV and radio broadcasting on the territory of the Republic of Kazakhstan (hereinafter referred to as the Service recipient) shall send to the service provider through the “electronic government” web portal www.egov.kz, www.elicense.kz (hereinafter referred to as the Portal), an application in the form in accordance with Appendix 1, as well as documents specified in the List of basic requirements for the provision of public services in accordance with Appendix 2 to these Rules.
The office of the service provider shall receive, register and transfer them to the responsible structural unit for execution. When a service recipient applies after the end of working hours, on weekends and holidays, in accordance with labor legislation, applications shall be accepted and results of the provision of public services shall be issued on the next working day.
An employee of the responsible structural unit of the service provider, from the moment of registration of documents, shall check the completeness of the submitted documents.
The service provider shall receive information about the identification documents of the service recipient, about state registration (re-registration) of a legal entity, about registration as an individual entrepreneur, and a document confirming payment from the relevant state information systems through the “electronic government” gateway.
When the service recipient submits an incomplete package of documents and (or) documents with an expired validity period, an employee of the responsible structural unit, shall within the specified time frame, prepare a reasoned refusal to further consider the application in the form of an electronic document signed with an electronic digital signature (hereinafter referred to as EDS) of the head or his deputies of the authorized body and sends to the applicant in the personal account of the Portal.
When identifying grounds for a refusal to provide a public service, the service provider shall notify the service recipient of the preliminary decision to refuse to provide the public service, as well as the time and place (method) of the hearing to provide the service recipient with the opportunity to express a position on the preliminary decision.
The service provider shall notify the service recipient of the hearing at least 3 (three) working days before the end of the period for providing the public service. The hearing shall be held no later than 2 (two) working days from the date of notification in accordance with paragraph 1 of Article 73 of the Administrative Procedure Code of the Republic of Kazakhstan.
Based on the results of the hearing, the service provider shall issue a certificate of registration, re-registration, issuance of a duplicate of a foreign TV and radio channel distributed on the territory of the Republic of Kazakhstan, or a reasoned refusal to provide a public service.”
Footnote. Paragraph 4 - as amended by the order of the acting Minister of Information and Social Development of the Republic of Kazakhstan dated December 30.12.2022 № 570 (shall come into effect ten calendar days after the day of its first official publication).5. If the service recipient provides a full package of documents to obtain a certificate of registration, an employee of the structural unit of the service provider, shall within 15 (fifteen) calendar days, review the documents for the content of the application, conduct an examination of the products of foreign TV and radio channels, and also check the provided receipt for accuracy filling in the details, and based on the results, generates a certificate of registration.
If the service recipient does not meet the above requirements, the service provider shall decide to refuse to provide the public service.
The service recipient shall be sent a notification with a preliminary decision on refusal to provide a public service no later than 3 (three) working days before signing it.
The service recipient shall submit an objection to the preliminary decision to refuse to provide a public service no later than 2 (two) working 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 certificate of registration or a reasoned refusal to provide a public service.
6. Re-registration of a foreign TV and radio channel shall be carried out in cases of change of owner or change in the organizational and legal form of a legal entity, name, main thematic focus of a TV, radio channel, creation of a new legal entity or branch (representative office) that has passed the state registration procedure of legal entities and registration of branches and representative offices on the territory of the Republic of Kazakhstan.
7. When submitting a service recipient application for re-registration of the certificate, an employee of the structural unit of the service provider shall review the documents within 15 (fifteen) calendar days on the content of the application and the documents attached to the application.
If the service recipient does not meet the above requirements, the service provider shall decide to refuse to provide the public service.
The service recipient shall be sent a notification with a preliminary decision on refusal to provide a public service no later than 3 (three) working days before signing it.
The service recipient shall submit an objection to the preliminary decision to refuse to provide a public service no later than 2 (two) working days from the date of receipt of the notification.
Based on the results of consideration of the objection, in case of receipt from the service recipient, the service provider shall issue a certificate of registration for re-registration or a reasoned refusal to provide a public service.
8. When a service recipient submits an application for a duplicate certificate of registration of a foreign TV and radio channel distributed on the territory of the Republic of Kazakhstan (if the previously issued certificate of registration of a foreign TV and radio channel was issued in paper form) employee of the responsible structural unit of the service provider shall review the contents of the application within 15 (fifteen) calendar days, and also checks the provided receipt to ensure that the details are filled out correctly.
If the service recipient does not meet the above requirements, the service provider shall decide to refuse to provide the public service.
The service recipient shall be sent a notification with a preliminary decision on refusal to provide a public service no later than 3 (three) working days before signing it.
The service recipient shall submit an objection to the preliminary decision to refuse to provide a public service no later than 2 (two) working 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 duplicate certificate or a reasoned refusal to provide a public service.
9. The following shall be the grounds for refusal to provide public services:
1) the content of the application does not comply with the requirements of Appendix 2 of these Rules;
2) the fee for registering a TV or radio channel has not been paid;
3) materials from a foreign TV or radio channel contain propaganda or agitation for a violent change in the constitutional system, violation of the integrity of the Republic of Kazakhstan, undermining the security of the state, war, propaganda of extremism or terrorism, the cult of cruelty and violence, social, racial, national, religious, class and clan superiority, information aimed at inciting interethnic and interfaith hatred, as well as film and video products of a pornographic and special sexual-erotic nature, as well as information promoting suicide;
4) based on the results of the religious studies examination, there is a negative conclusion;
5) concerning the products of a foreign TV and radio channel, there is a court decision imposing a ban on its distribution on the territory of the Republic of Kazakhstan;
6) establishing the unreliability of the documents submitted by the service recipient to receive public service, and (or) the data (information) contained in them;
7) a certificate of state registration (re-registration) of a legal entity or accounting registration (re-registration) of a branch (representative office) has not been submitted;
8) concerning the service recipient, there is a court decision (sentence) that has entered into legal force to prohibit activities or certain types of activities requiring the receipt of a specific public service.
Chapter 3.
The procedure for appealing decisions, actions (inaction) of central government bodies,
service providers and (or) their officials regarding the provision of public services
10. Consideration of a complaint against a decision, action (inaction) of the service provider regarding the provision of public services shall be carried out by an official, a higher authorized body in the field of TV and radio broadcasting, an authorized body for assessing and monitoring the quality of provision of public services (hereinafter referred to as the Body considering the complaint) in accordance with the legislation of the Republic of Kazakhstan.
The complaint shall be submitted to the service provider and (or) official whose decision, action (inaction) is being appealed.
The service recipient's complaint received by the service provider, in accordance with paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan “On Public Services,” shall be subject to consideration within 5 (five) working days from the date of its registration.
A service recipient's complaint received by the authorized body for assessing and monitoring the quality of public services shall be subject to consideration within 15 (fifteen) working days from the date of its registration.
The service provider, the official whose decision, action (inaction) is being appealed, shall no later than 3 (three) working days from the date of receipt of the complaint, send it and the administrative file to the body considering the complaint.
In this case, the service provider, the official whose decision, action (inaction) is being appealed, shall have the right not to forward the complaint to the body considering the complaint if he/she, within 3 (three) working days, adopts a favorable administrative act, carries out an administrative action that fully satisfies the requirements specified in the complaint.
Unless otherwise provided by law, an appeal to the court shall be allowed after a pre-trial appeal.
Footnote. Paragraph 10 - as amended by the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated 04.08.2022 № 302 (shall come into effect upon the expiration of ten calendar days after the day of its first official publication).Appendix 1 to the Rules for the provision of public services “Registration, re-registration, issuance of a duplicate certificate of a foreign TV and radio channel distributed on the territory of the Republic of Kazakhstan” |
Form
____________________________ (full name of the body issuing the certificate of registration of a TV and foreign radio channel) |
|
___________________________ (full name (if any) of the head of the body issuing the certificate of registration of a TV and foreign radio channel) |
Application
I hereby request you to register (re-register, issue a duplicate) a foreign TV and radio channel
________________________________________________________________
(in case of re-registration and issuance of a duplicate, the reason is indicated)
Name of the owner of the TV, radio channel
________________________________________________________________
(last name, first name, patronymic (if any), place of residence/location, organizational and legal form, telephone, email address)
Language (languages) of TV and radio programs ________________________
Broadcasting grid of the TV and radio channel ____________________ (for the next month)
The main thematic focus of the TV and radio channel _______________
Editor-in-chief/editor of the TV and radio channel __________________
(last name, first name, patronymic (if any))
The legal address of the TV and radio company
________________________________________________________________
(postcode, city, district, street, house, telephone, email address)
Obligation to comply with the legislation of the Republic of Kazakhstan TV and radio company
________________________________________________________________
Attached to the application:
1.______________________________
2.______________________________ __________________
(last name, first name, patronymic (if any) name of the applicant) (signature)
Place of stamp “__” _____________20 ___ (if any)
Appendix 2 to the Rules for the provision of public services “Registration, re-registration, issuance of a duplicate certificate of a foreign TV and radio channel distributed on the territory of the Republic of Kazakhstan” |
Footnote. Appendix 2 - as amended by the order of the acting Minister of Information and Social Development of the Republic of Kazakhstan dated December 30.12.2022 № 570 (shall come into effect ten calendar days after the day of its first official publication).
List of basic requirements for the provision of public services (name of public service) “Registration, re-registration, issuance of a duplicate certificate of a foreign TV and radio channel distributed on the territory of the Republic of Kazakhstan” | ||
1 | Name of the service provider | Information Committee of the Ministry of Information and Social Development of the Republic of Kazakhstan |
2 | Methods of providing public services | The application shall be accepted and the result of the provision of public services shall be issued through the “electronic government” web portal |
3 | Duration of provision of public services | The delivery period is 15 (fifteen) calendar days. |
4 | Form of provision of public services | Electronic (fully automated) |
5 | The result of the provision of public services | The result of the provision of a public service is a certificate of registration, re-registration of a foreign TV and radio channel distributed on the territory of the Republic of Kazakhstan, (hereinafter referred to as the Certificate), a duplicate of the certificate or a reasoned response to the refusal to provide a public service, in cases and on the grounds provided for by these rules. On the portal, the result of the provision of a public service or a reasoned response about the refusal to provide a public service shall be sent to the “personal account” in the form of an electronic document signed with the digital signature of an authorized person of the service provider. |
6 | The amount of fees charged from the service recipient when providing a public service, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan |
The public service shall be provided on a paid basis to individuals and legal entities. The registration fee rates for the provision of public services in accordance with paragraph 7 of Article 553 of the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” (Tax Code) are: |
7 | Work schedule of the service provider and information objects |
1) service provider - from Monday to Friday, Astana time from 9.00 to 18.30, with a lunch break from 13.00 to 14.30, except weekends and holidays, in accordance with the labor legislation of the Republic of Kazakhstan and Article 5 of the Law of the Republic of Kazakhstan “On Holidays in the Republic” Kazakhstan". The application shall be accepted and the result of the provision of public services is issued from 9.00 to 17.30 with a lunch break from 13.00 to 14.30. The public service shall be provided on a first-come, first-served basis, without prior registration and expedited service. |
8 | List of documents and information required from the service recipient for the provision of public services |
1) a request in the form of an electronic document attaching the broadcast schedule of a TV or radio channel (for the next month), signed with the digital signature of the service recipient; for individuals - an electronic copy of the identity document of a foreign individual - the owner of a TV or radio channel; an electronic copy of a document confirming the right to engage in entrepreneurial activity; for legal entities - an electronic copy of a legalized extract from the trade register or another legalized document certifying that the founder, a foreign legal entity, is a legal entity under the laws of a foreign state; |
9 | Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan |
1) the content of the application does not comply with the requirements of this list of basic requirements for the provision of public services; |
10 | Other requirements taking into account the specifics of the provision of public services | The service recipient shall receive information about the procedure and status of the provision of public services in remote access mode through a Single Contact Center for the provision of public services. Contact numbers of help desks regarding the provision of public services are listed on the Internet resource www.qogam.gov.kz, in the “Public Services” section, a Single Contact Center for the provision of public services: 1414, 8 800 080 7777. |
Appendix 4 to order № 101 dated April 2, 2020 |
The Rules for the provision of the public service
“Registration or re-registration of periodicals, news agencies and online publications”
Footnote. Rules - as amended by the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated January 21.01.2022 № 16 (shall come into effect ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. These Rules have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” and shall determine the procedure for providing the state service “Registration or re-registration of periodicals, news agencies and online publications.”
2. The public service “Registration or re-registration of periodicals, news agencies and online publications” (hereinafter referred to as the Public service) shall be provided by the Information Committee of the Ministry of Information and Social Development of the Republic of Kazakhstan (hereinafter referred to as the Service provider).
3. The authorized body shall send information about the changes and (or) additions to these Rules to the operator of the information and communication infrastructure of “electronic government”, the service provider and the Unified Contact Center within three working days from the date of state registration with the justice authorities.
Footnote. Paragraph 3 - as amended by the order of the acting Minister of Information and Social Development of the Republic of Kazakhstan dated December 30.12.2022 № 570 (shall come into effect ten calendar days after the day of its first official publication).Chapter 2. Procedure for the provision of public services
4. To receive public services, individuals and (or) legal entities engaged in the provision of services in the field of mass media on the territory of the Republic of Kazakhstan (hereinafter referred to as the Service recipient) shall send to the service provider through the “electronic government” web portal www.egov.kz, www.elicense.kz (hereinafter referred to as the Portal), an application in the form in accordance with Appendices 1 and 2, as well as documents specified in the List of basic requirements for the provision of public services in accordance with Appendix 3 to these Rules.
The office of the service provider shall receive them, register them and transfer them to the responsible structural unit for execution. When a service recipient applies after the end of working hours, on weekends and holidays, in accordance with labor legislation, applications shall be accepted and results of the provision of public services shall be issued on the next working day.
An employee of the responsible structural unit of the service provider, shall within 2 (two) working days from the moment of registration of documents, check the completeness of the submitted documents.
The service provider shall receive information about the identification documents of the service recipient, about state registration (re-registration) of a legal entity, about registration as an individual entrepreneur, and a document confirming payment from the relevant state information systems through the “electronic government” gateway.
When the service recipient submits an incomplete package of documents and (or) documents with an expired validity period, an employee of the responsible structural unit, shall within the specified time frame, prepare a reasoned refusal to further consider the application in the form of an electronic document signed with an electronic digital signature (hereinafter referred to as EDS) of the head or his deputies of the authorized body and sends to the applicant in the personal account of the Portal.
When identifying grounds for a refusal to provide a public service, the service provider shall notify the service recipient of the preliminary decision to refuse to provide the public service, as well as the time and place (method) of the hearing to provide the service recipient with the opportunity to express a position on the preliminary decision.
The service provider shall notify the service recipient of the hearing at least 3 (three) working days before the end of the period for providing the public service. The hearing shall be held no later than 2 (two) working days from the date of notification in accordance with paragraph 1 of Article 73 of the Administrative Procedure Code of the Republic of Kazakhstan.
Based on the results of the hearing, the service provider shall issue a certificate of registration or re-registration of periodicals, news agencies and online publications, or a reasoned refusal to provide a public service.”
Footnote. Paragraph 4 - as amended by the order of the acting Minister of Information and Social Development of the Republic of Kazakhstan dated December 30.12.2022 № 570 (shall come into effect ten calendar days after the day of its first official publication).5. If the service recipient provides a full package of documents to obtain a certificate of registration, an employee of the structural unit of the service provider, shall within 8 (eight) working days, review the documents for the content of the application, check for the presence of the same name in the register of periodicals and news agencies registered and online publications, and also check the provided receipt to ensure that the details are filled out correctly, and based on the results, generates a certificate of registration.
If the service recipient does not meet the above requirements, the service provider shall decide to refuse to provide the public service.
The service recipient shall be sent a notification with a preliminary decision on refusal to provide a public service no later than 3 (three) working days before signing it.
The service recipient shall submit an objection to the preliminary decision to refuse to provide a public service no later than 2 (two) working 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 certificate of registration or a reasoned refusal to provide a public service.
6. A printed periodical, news agency and online publication shall be subject to re-registration in cases of change of owner or change of its name, as well as the name, language of the publication or materials and messages, distribution area, main thematic focus and frequency of publication.
7. When the service recipient submits an application for re-registration of the certificate, an employee of the structural unit of the service provider shall review the documents for the contents of the application for 8 (eight) working days, check for the presence of the same name in the register of periodicals, news agencies and online publications registered, as well as in case of changes the owner check the provided data of documents confirming the change of owner/transfer of ownership rights.
If the service recipient does not meet the above requirements, the service provider shall decide to refuse to provide the public service.
The service recipient shall be sent a notification with a preliminary decision on refusal to provide a public service no later than 3 (three) working days before signing it.
The service recipient shall submit an objection to the preliminary decision to refuse to provide a public service no later than 2 (two) working days from the date of receipt of the notification.
Based on the results of consideration of the objection, in case of receipt from the service recipient, the service provider shall issue a certificate of registration for re-registration or a reasoned refusal to provide a public service.
8. The following shall be the grounds for refusal to provide public services:
1) a previously issued certificate of registration for a periodically printed publication, news agency or online publication with the same name and distribution in the same territory or confusingly similar to the name of a previously created periodical printed publication, news agency or online publication;
2) the content of the application does not comply with the requirements of Appendix 3 of these Rules;
3) the fee for registering a periodical, news agency or online publication has not been paid;
4) the application for re-registration of a periodical printed publication, news agency or online publication due to a change of owner does not indicate the number and date of the agreement confirming the transfer of ownership rights to the periodical printed publication or news agency to another person;
5) when registering, a periodically printed publication, news agency or online publication with the same name (part of the name) and the same thematic focus, the publication of which was previously terminated by the court, was declared, or a periodically printed publication, news agency or online publication duplicated the name and thematic focus, as well as in the case of an application being submitted by the owner or editor-in-chief (editor) of a periodically printed publication, news agency or online publication, the publication of which was terminated by a court decision, within three years from the date the court decision entered into legal force;
6) concerning the service recipient, there is a court decision (sentence) that has entered into legal force to prohibit activities or certain types of activities requiring the receipt of a specific public service.
Chapter 3.
The procedure for appealing decisions, actions (inaction) of central government bodies,
service providers and (or) their officials regarding the provision of public services
9. Consideration of a complaint against a decision, action (inaction) of a service provider regarding the provision of public services shall be carried out by an official, a higher authorized body that carries out state regulation in the field of information, an authorized body for assessing and monitoring the quality of public services (hereinafter referred to as the Body considering complaint) in accordance with the legislation of the Republic of Kazakhstan.
The complaint shall be submitted to the service provider and (or) official whose decision, action (inaction) is being appealed.
The service recipient's complaint received by the service provider, in accordance with paragraph 2 of Article 25 of the Law of the Republic of Kazakhstan “On Public Services,” shall be subject to consideration within 5 (five) working days from the date of its registration.
A service recipient's complaint received by the authorized body for assessing and monitoring the quality of public services shall be subject to consideration within 15 (fifteen) working days from the date of its registration.
The service provider, the official whose decision, action (inaction) is being appealed, shall no later than 3 (three) working days from the date of receipt of the complaint, send it and the administrative file to the body considering the complaint.
In this case, the service provider, the official whose decision, action (inaction) is being appealed, shall have the right not to forward the complaint to the body considering the complaint if he/she, within 3 (three) working days, adopts a favorable administrative act, carries out an administrative action that fully satisfies the requirements specified in the complaint.
Unless otherwise provided by law, an appeal to the court shall be allowed after a pre-trial appeal.
Footnote. Paragraph 9 - as amended by the order of the Minister of Information and Social Development of the Republic of Kazakhstan dated 04.08.2022 № 302 (shall come into effect ten calendar days after the day of its first official publication).Appendix 1 to the Rules for the provision of public services “Registration or re-registration of periodicals, news agencies and online publications” _______________________ (full name of the body issuing a certificate of registration or re-registration of periodicals, news agencies and online publications) __________________________ (Last name, first name and patronymic (if any) of the head of the body issuing a certificate of registration or re-registration of periodicals, news agencies and online publications) |
Application
I hereby request you to register or re-register a periodical printed publication, news agency or online publication
__________________________________________________________________________________________
(name, type of periodical printed publication, news agency or online publication)
Owner_____________________________________________________________________________________
(last name, first name, patronymic (if any), name and legal form)
BIN /IIN___________________________________________________________________________________
Address of the owner__________________________________________________________________________
(place of residence/location, contact details)
Name of the periodical printed publication, news agency or online publication
___________________________________________________________________________________________
Language of the periodical printed publication, information agency or online publication
___________________________________________________________________________________________
Frequency___________________________________________________________________________________
Thematic focus
Territory of distribution________________________________________________________________________
Editorial address _____________________________________________________________________________
surname, first name and patronymic (if any) of the editor-in-chief
Place of stamp (if any) ____________ (signature)
“___” ____________ 20 _
Appendix 2 to the Rules for the provision of public services “Registration or re-registration of periodicals, news agencies and online publications” _______________________ (full name of the body issuing a certificate of registration or re-registration of periodicals, news agencies and online publications) __________________________ (Last name, first name and patronymic (if any) of the head of the body issuing a certificate of registration or re-registration of periodicals, news agencies and online publications) |
Application
I hereby request you to re-register the periodical printed publication, news agency and online publication
_________________________________________________________________
(name, type of periodical printed publication or information agency and online publications) in connection with the change
_________________________________________________________________)
Owner____________________________________________________________
(last name, first name, patronymic (if any), name and legal form) BIN/IIN
_________________________________________________________________
Address of owner __________________________________________________
(place of residence/location, contact information)
Name of periodical printed publication, news agency or online publication
_________________________________________________________________
Language of periodical printed publication, news agency or online publication_____
________________________________________________________________
Frequency_________________________________________________________
Thematic focus_____________________________________________________
Territory of distribution______________________________________________
Editorial address____________________________________________________
Last name, first name and patronymic (if any) of the editor-in-chief
Place of stamp (if any) ______________________________ (signature)
“___” ____________ 20 _
Appendix 3 to the Rules for the provision of public services “Registration or re-registration of periodicals, news agencies and online publications” |
Footnote. Appendix 3 - as amended by the order of the acting Minister of Information and Social Development of the Republic of Kazakhstan dated December 30.12.2022 № 570 (shall come into effect ten calendar days after the day of its first official publication).
List of basic requirements for the provision of public services (name of public service) “Registration or re-registration of periodicals, news agencies and online publications” | ||
1 | Name of the service provider | Information Committee of the Ministry of Information and Social Development of the Republic of Kazakhstan |
2 | Methods of providing public services | Acceptance of applications and issuance of results is carried out through the “electronic government” web portal: www.egov.kz, www.elicense.kz. |
3 | Duration of provision of public services | Delivery time is 10 (ten) working days. |
4 | Form of provision of public services | Electronic (fully automated) |
5 | The result of the provision of public services | The result of the provision of a public service is a certificate of registration or re-registration of periodicals, news agencies and online publications (hereinafter referred to as the Certificate) or a reasoned response to the refusal to provide a public service, in cases and on the grounds provided for by these rules. On the portal, the result of the provision of a public service or a reasoned response about the refusal to provide a public service shall be sent to the “personal account” in the form of an electronic document signed with the digital signature of an authorized person of the service provider. |
6 | The amount of fees charged from the service recipient when providing a public service, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan |
The public service shall be provided on a paid basis to individuals and legal entities (hereinafter referred to as the Service recipient). The registration fee rates for the provision of public services in accordance with paragraph 7 of Article 553 of the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” (Tax Code) are: |
7 | Work schedule of the service provider and information objects |
1) portal - around the clock, except for technical breaks in connection with repair work (when the service recipient contacts after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the application shall be accepted and the result of the provision of public services shall be issued on the next working day); |
8 | List of documents and information required from the service recipient for the provision of public services |
1) to register periodicals, news agencies and online publications, the service recipient shall submit a request in the form of an electronic document, signed with the service recipient’s digital signature (according to Appendix 1 to this list of basic requirements for the provision of public services); |
9 | Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan |
1) the service provider previously issued a certificate of registration for a periodically printed publication, news agency or online publication with the same name and distribution in the same territory or confusingly similar to the name of a previously created periodical printed publication, news agency or online publication; |
10 | Other requirements taking into account the specifics of the provision of public services | The service recipient shall receive public services in electronic form through the portal, subject to the availability of an electronic signature. The service recipient shall receive information about the procedure and status of the provision of public services in remote access mode through the “personal account” of the portal, as well as a Single Contact Center for the provision of public services. Contact numbers of help desks regarding the provision of public services are listed on the Internet resource www.qogam.gov.kz, in the “Public Services” section, a Single Contact Center for the provision of public services: 1414, 8 800 080 7777. |
Appendix 5 to the order of April 2, 2020 № 101 |
The Rules for the provision of public services
“Registration, re-registration of foreign periodicals distributed
on the territory of the Republic of Kazakhstan”
Footnote. Appendix 5 was excluded by order of the Minister of Information and Social Development of the Republic of Kazakhstan dated 25.02.2022 № 50 (shall come into effect ten calendar days after the day of its first official publication).
Annex 6 to order dated April 2, 2020 № 101 |
The list of orders recognized as invalid
1. The order of the Minister for Investment and Development of the Republic of Kazakhstan dated April 28, 2015 № 505 "On approval of standards for public services in the field of information" (registered in the Register of State Registration of Regulatory Legal Acts № 11301, published on July 2, 2015 in the information and legal system "Adіlet").
2. The order № 655 of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated May 28, 2015 "On approval of regulations for state services in the field of information" (registered in the Register of State Registration of Regulatory Legal Acts № 11580, published on July 22, 2015 in the information and legal system "Adіlet").
3. The order of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated January 26, 2016 № 82 "On introduction of amendments and additions to the order of the Minister for Investment and Development of the Republic of Kazakhstan dated April 28, 2015 № 505" On approval of public services standards in the field of information " (registered in the Register of State Registration of Regulatory Legal Acts № 13347, published on March 15, 2016 in the information and legal system "Adіlet").
4. The order of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated February 17, 2016 № 198 "On introduction of amendments to the order of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated May 28, 2015 № 655 "On approval of regulations of the public services in the field of information by the Ministry for Investments and Development of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts № 13477, published on April 7, 2016 in the information and legal system "Adіlet").
5. The order of the Minister of Information and Communications of the Republic of Kazakhstan dated March 24, 2017 № 104 "On introduction of amendments to the order of the Minister for Investment and Development of the Republic of Kazakhstan dated April 28, 2015 № 505" On approval of public services standards in the field of information " (registered in the Register of State Registration of Regulatory Legal Acts № 15124, published on May 29, 2017 in the Reference Control Bank of the NAP of the Republic of Kazakhstan in electronic form).
6. The order of the Minister of Information and Communications of the Republic of Kazakhstan dated June 13, 2017 № 221 "On introduction of amendments and additions to the order of the Minister for Investment and Development of the Republic of Kazakhstan dated May 28, 2015 № 655 "On approval of regulations of the public services in the field of information by the Ministry for Investments and Development of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts № 15329, published on July 25, 2017 in the Reference Control Bank of the NAP of the Republic of Kazakhstan in electronic form).
7. The order of the Minister of Information and Communications of the Republic of Kazakhstan dated December 24, 2018 № 534 "On introduction of amendments to the order of the Minister for Investment and Development of the Republic of Kazakhstan dated April 28, 2015 № 505 "On approval of regulations of the public services in the field of information" (registered in the Register of State Registration of Regulatory Legal Acts № 18022, published on January 3, 2019 in the Reference Control Bank of the NAP of the Republic of Kazakhstan in electronic form).
8. The order of the Minister of Information and Public Development of the Republic of Kazakhstan dated April 17, 2019 № 67 "On introduction of amendments to the order of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated May 28, 2015 № 655 "On approval of regulations of the public services in the field of information" (registered in the Register of State Registration of Regulatory Legal Acts № 18563, published on May 17, 2019 in the Reference Control Bank of the NAP of the Republic of Kazakhstan in electronic form).
9. The order of the Minister of Information and Public Development of the Republic of Kazakhstan dated July 4, 2019 № 203 "On introduction of amendments to the order of the Minister for Investment and Development of the Republic of Kazakhstan dated April 28, 2015 № 505 "On approval of regulations of the public services in the field of information" (registered in the Register of State Registration of Regulatory Legal Acts № 18989, published on July 12, 2019 in the Reference Control Bank of the NAP of the Republic of Kazakhstan in electronic form).
10. The order of the Minister of Information and Public Development of the Republic of Kazakhstan dated September 2, 2019 № 322 "On introduction of amendments to the Order of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated May 28, 2015 № 655 "On approval of regulations of the public services in the field of information" (registered in the Register of State Registration of Regulatory Legal Acts № 19353, published on September 9, 2019 in the Reference Control Bank of the NAP of the Republic of Kazakhstan in electronic form).