On approval of the Rules for provision of public service "Approval of routes and timetables of regular urban (rural), suburban and intra-district road transportation of passengers and luggage"

Updated Unofficial translation

Order of the acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated April 29, 2020 No. 251. Registered in the Ministry of Justice of the Republic of Kazakhstan on May 6, 2020 No. 20587.

      Unofficial translation

      In accordance with subparagraph 1) of article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services", I HEREBY ORDER:

      1. To approve the attached Rules for provision of public service "Approval of routes and timetables of regular urban (rural), suburban and intra-district road transportation of passengers and luggage."

      2. To recognize as invalid the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated July 29, 2019 No. 567 "On approval of public service standard "Approval of routes and timetables of regular urban (rural), suburban and intra-district road transportation of passengers and luggage" (registered in the Register of state registration of regulatory legal acts under No. 19163, published on August 7, 2019 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan in electronic form).

      3. The Transport Committee of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan, in the manner prescribed by law, to ensure:

      1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

      2) placement of this order on the Internet resource of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan;

      4. The supervising vice minister of industry and infrastructure development of the Republic of Kazakhstan is authorized to control execution of this order.

      5. This order comes into force upon the expiration of ten calendar days after the day of its first official publication.

      Acting Minister of industry and
      infrastructure development of the
      Republic of Kazakhstan K. Uskenbayev

      "AGREED"

      Ministry of digital development,

      innovations and aero-space industry of the

      Republic of Kazakhstan

  Approved by the
order of the Minister of industry
and infrastructure development
of the Republic of Kazakhstan
dated April 29, 2020 № 251

Rules
for provision of public service "Approval of routes and timetables of regular urban (rural),
suburban and intra-district road transportation of passengers and luggage"
Chapter 1. General provisions

      1. These Rules for provision of public service "Approval of routes and timetables of regular urban (rural), suburban and intra-district road transportation of passengers and luggage" (hereinafter - the Rules) are developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" and determine the procedure for provision of public service "Approval of routes and timetables of regular urban (rural), suburban and intra-district road transportation of passengers and luggage."

      2. These Rules apply to individual and legal entities who have received a certificate for the right to service routes of regular urban (rural), suburban, intra-district, inter-district (intercity, intraregional) road transportation of passengers and luggage and have concluded contracts for organization of regular road transportation of passengers and luggage between carriers and the relevant local executive bodies.

      3. Basic concepts used in these Rules:

      1) timetable - a document (table, graphic display) containing information about the place and time of movement of buses, minibuses, trolleybuses for each stopping point of the route of regular road transportations of passengers and luggage;

      2) route - the established route of a bus, minibus, trolleybus between certain initial, intermediate and final stopping points.

      4. The public service "Approval of routes and timetables of regular urban (rural), suburban and intra-district road transportation of passengers and luggage" (hereinafter - the public service) is provided by local executive bodies of districts, cities of regional significance, regions, Nur-Sultan, Almaty and Shymkent (hereinafter referred to as the service provider).

Chapter 2.
Procedure for provision of public service "Approval of routes and timetables of regular urban (rural),
suburban and intra-district road transportation of passengers and luggage"

      5. To obtain a state service, natural persons or legal entities (hereinafter referred to as the service recipient) shall send to the service provider via the e-government web portal (hereinafter referred to as the portal) an application for approval of routes and timetables of regular urban (rural), suburban and intra-district road transportation of passengers and baggage in the form of an electronic document certified by the electronic digital signature (hereinafter referred to as the EDS) of the service recipient in the following form as per Appendix 1 hereto (hereinafter - an application) and a package of documents as per the list envisaged in the standard of the state service “Approval of Routes and Traffic Schedules of Regular Urban (Rural), Suburban and Intra-District Road Transportation of Passengers and Baggage” as per Appendix 2 hereto (hereinafter - the Standard).

      The list of basic requirements for rendering a state service, including the specifications of the process, form, content and result of rendering, as well as other information considering the peculiarities of rendering a state service are outlined in the Standard.

      The status of acceptance of the application for rendering the state service specifying the date of receipt of the result of the state service shall be displayed on the portal in the personal profile of the service recipient.

      Pursuant to the labour legislation of the Republic of Kazakhstan, when a service recipient applies after working hours, on weekends and public holidays, acceptance of applications and issuance of the results of rendering the state service shall be made on the following business day.

      Details of identity documents, on state registration (re-registration) of a legal entity, on state registration of an individual entrepreneur, the service provider shall obtain from the relevant state information systems via the electronic government gateway.

      Footnote. Paragraph 5 - as revised by order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan No. 159 dated 08.04.2021 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).
      6. Excluded by order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan No. 159 dated 08.04.2021 (shall be effective ten calendar days after the date of its first official publication).

      7. The term of examination of documents and issuance of the result of rendering the state service shall be 4 (four) business days from the day of their receipt.

      Footnote. Paragraph 7 - as revised by order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan No. 159 dated 08.04.2021 (shall enter into force ten calendar days after the date of its first official publication).

      7-1. When an application and a package of documents are received from the service recipient as per the list envisaged by paragraph 8 of the Standard, the executive of the office of the service provider shall forward the application and the package of documents for examination to the head of the service provider or the person acting as his/her duties, who shall determine the executive of the service provider through the supervising deputy head and (or) head of the structural subdivision of the service provider.

      Within 2 (two) business days from the moment of registration of documents, the service provider's executive shall examine the completeness of the submitted package of documents, as per the list envisaged by paragraph 8 of the Standard.

      When applying to the service provider, in the event that the service recipient presents an incomplete set of documents pursuant to the list specified in paragraph 8 of the Standard, and (or) documents with expired validity period, the service provider shall refuse to accept the application.

      Footnote. The Rules have been supplemented by paragraph 7-1 as per order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan No. 222 dated 21.04.2022 (shall become effective sixty calendar days after the day of its first official publication).

      8. Should the service recipient supply a full package of documents, pursuant to the list envisaged by paragraph 8 of the Standard, the executive of the service provider shall review this package of documents within 3 (three) business days for compliance with the requirements hereof and the Rules of Passenger and Baggage Transportation by Road Transport, approved by Order of the Acting Minister for Investment and Development of the Republic of Kazakhstan No. 349 of March 26, 2015 (recorded in the Register of State Registration of Regulatory Legal Acts under No. 11550) (hereinafter - the Rules for Transportation of Passengers and Baggage).

      When assessing the compliance of the application and the submitted package of documents, as per the list envisaged by the Standard, requirements hereof and the Rules for Passenger and Baggage Transportation, the executive of the service provider shall consider the conditions of the planned interval of movement between buses of duplicate routes constituting the time as per sub-paragraph 1) of paragraph 13 of the Rules for Passenger and Baggage Transportation and shall be guided by the priority of communication between settlements, villages with district centers, and between district centers with the regional center and other nearby areas.

      Upon compliance of the package of documents presented, as per the list specified in paragraph 8 of the Standard, with the requirements hereof and the Rules for Passenger and Baggage Transportation, the executive of the service provider shall issue a notification on approval of routes and timetables of regular urban (rural), suburban and intra-district road transportation of passengers and baggage in the form as per Appendix 3 hereto.

      The executive of the service provider shall forward the draft result of rendering the state service to the head of the service provider or to the acting head of the service provider in agreement with the supervising deputy head and (or) the head of the structural subdivision of the service provider.

      The result of rendering the state service shall be directed to the personal profile of the service recipient in the form of an electronic document certified by the EDS of the authorized person of the service provider or the person performing his/her duties.

      Footnote. Paragraph 8 - as revised by order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan No. 222 dated 21.04.2022 (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).

      8-1. Should there be grounds for refusal to render a state service envisaged in paragraph 9 of the Standard, the executive of the service provider shall notify the service recipient of the preliminary decision to refuse to render a state service, as well as the time and place (method) of the hearing for the opportunity to express the service recipient's position on the preliminary decision.

      A notification of the hearing shall be sent at least 3 business days prior to the end of the term of rendering the state service. The hearing shall be held not later than 2 (two) business days from the date of notification.

      Following the results of the hearing, the executive of the service provider shall issue a notification of approval of routes and schedules of regular urban (rural), suburban and intra-district road transportation of passengers and baggage in the form, as per Appendix 3 hereto, or a reasoned response to refuse to render a state service by sending a notification of refusal to render a state service in the form, as per Appendix 4 hereto, on the grounds specified in paragraph 9 of the Standard.

      The executive of the service provider shall forward the draft result of rendering the state service to the head of the service provider or to the acting head of the service provider in agreement with the supervising deputy head and (or) the head of the structural subdivision of the service provider.

      The result of rendering the state service shall be forwarded to the personal profile of the service recipient in the form of an electronic document signed with the EDS of the head of the service provider or the person performing his/her duties.

      Footnote. The Rules have been supplemented by paragraph 8-1 pursuant to order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan No. 222 dated 21.04.2022 (shall come into effect upon expiry of sixty calendar days after the day of its first official publication).

      9. The service provider ensures that data on the stage of provision of public service is entered into the information system for monitoring the provision of public services in accordance with the Rules for entering data into the information system for monitoring the provision of public service on the stage of provision of public service approved by order of the acting Minister of Transport and Communications of the Republic of Kazakhstan dated June 14, 2013 No. 452 (registered in the Register of state registration of regulatory legal acts under No. 8555).

Chapter 3.
Procedure for appealing decisions, actions (inaction) of service provider and (or) its officials on the issues of provision of public service "
Approval of routes and timetables of regular urban (rural), suburban and intra-district road transportation of passengers and luggage"

      10. A complaint regarding delivery of state services shall be examined by a superior administrative body, an official, an authorized body for evaluation and control over the quality of state services (hereinafter - the body considering the complaint).

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

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

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

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

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

      If otherwise is not envisaged by the laws of the Republic of Kazakhstan, appeal to the court shall be permitted after appealing in the pre-trial order under paragraph 5 of Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan.

      Footnote. Paragraph 10 - as revised by order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan No. 222 dated 21.04.2022 (shall come into effect upon expiration of sixty calendar days after the day of its first official publication).
      11. Excluded by order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan No. 222 dated 21.04.2022 (shall become effective sixty calendar days after the date of its first official publication).

  Appendix 1
to the Rules for Approval of Routes and Traffic
Schedules of Regular Urban (Rural),
Suburban and Intra-District Road
Transportation of Passengers and Baggage”

      Document form

Application for approval of routes and traffic schedules of regular urban (rural), suburban and intra-district road transportation of passengers and baggage

      Footnote. Appendix 1 - as revised by order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan No. 159 dated 08.04.2021 (shall come into effect upon expiry of ten calendar days after the date of its first official publication).

      1. A certificate for the right to service routes of regular road transportation of passengers and baggage (hereinafter referred to as the Certificate):

      1) certificate number No:______________;

      2) date of issue (date, month, year): ______________;

      3) validity period (date, month, year): ______________;

      4) local executive body that issued the certificate: ___________.

      2. Agreement for the organisation of regular road transportation of passengers and baggage (hereinafter referred to as the agreement):

      1) agreement number No:______________;

      2) date of issue (date, month, year): ______________;

      3) validity period (date, month, year): ______________;

      4) local executive body that concluded the agreement: ___________.

      3. Type of regular road transportation of passengers and baggage (hereinafter - type of transportation):

      1) urban (rural ones)

;

      2) suburban ones

;

      3) intra-district ones

.

      4. Name of the route: point of departure______, final destination _________;

      5. Traffic schedule: departure time from the point of departure ___________, departure time from final destination __________.

      6. The package of documents shall be enclosed as per the list stipulated by the Standard.

      It is hereby confirmed that:

      all the above data are official and any information on the implementation of activities or individual actions may be addressed to them;

      all the enclosed documents are true and valid;

      the service recipient agrees to the use of personal data of restricted access, which is a secret protected by law, contained in the information systems.

      *In filling in the information under paragraphs 4 and 5 of this application, the name of one route shall be specified, with one departure time from the starting point and one departure time from the final point.

      The names of stop points located in the locality shall be specified in the case of urban (rural) or suburban services.

      The names of settlements located at the initial and final points of the route shall be stated in case of intra-district connections.

      Intermediate points, if any, shall be shown in the route plan and traffic schedule.

  Appendix 2
to the Rules for Approval of Routes and Traffic
Schedules of Regular Urban (Rural),
Suburban and Intra-District Road
Transportation of Passengers and Baggage”

Standard of the state service “Approval of Routes and Traffic Schedules of Regular Urban (Rural), Suburban and Intra-District Automobile Transportation of Passengers and Baggage”

      Footnote. Appendix 2 - as amended by order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan No. 159 dated 08.04.2021 (shall be enacted ten calendar days after the date of its first official publication).

1.

Name of the service provider

Local executive bodies of districts, cities of regional significance, Nur-Sultan, Almaty and Shymkent cities

2.

Ways of rendering the state service

Via the portal.

3.

Term of rendering the state service

4 (four) business days.

4.

Form of rendering the state service

Electronic (fully automated) one.

5.

Result of rendering a state service

A notification of approval of routes and schedules of regular urban (rural), suburban and intra-district road transportation of passengers and baggage, or notification of refusal to render the state service.
Form of rendering the result of the state service: electronic.
The result of rendering a state service shall be sent to the personal profile of the service recipient in the form of an electronic document signed with the EDS of the head of the service provider or his/her acting representative.

6.

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

Free of charge.

7.

Working schedule of the service provider

1) of the service provider - from Monday to Friday inclusive, from 9.00 a.m. to 6.30 p.m. with a lunch break from 1.00 p.m. to 2.30 p.m., excluding weekends and public holidays, under the labour legislation of the Republic of Kazakhstan;
2) of the portal - round the clock, excluding technical interruptions due to maintenance works.
Upon application of the service recipient after working hours, on weekends and holidays under the labour legislation of the Republic of Kazakhstan, acceptance of applications and issuance of the results of rendering the state service shall be made on the following business day.

8.

List of documents required for rendering a state service

1) an application;
2) the scheme of routes of regular urban (rural), suburban and intra-district road transportation of passengers and baggage;
3) the schedule of traffic on the routes of regular urban (rural), suburban and intra-district road transportation of passengers and baggage.

9.

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

1) establishing the unreliability of the documents filed by the service recipient to receive a state service and (or) the data (information) contained therein;
2) non-compliance of the application and the submitted package of documents, as per the list envisaged by the Standard, with the requirements hereof and the Rules for the Transportation of Passengers and Baggage;
3) in respect of the service recipient there is an effective court decision (judgement) on the prohibition of activities or certain types of activities requiring the receipt of a state service.

10.

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

The service recipient may receive the state service in electronic form via the portal provided that he/she has an EDS.
The service recipient has a possibility to get information about the procedure and status of rendering the state service in the remote access mode via the personal profile on the portal, as well as the unified contact centre for rendering state services by phone number 1414, 8 800 080 7777.


  Appendix 3
to the Rules for Approval of Routes and Traffic
Schedules of Regular Urban (Rural),
Suburban and Intra-District Road
Transportation of Passengers and Baggage”

      Document form

Notification on approval of routes and schedules of regular urban (rural), suburban and intra-district road transportation of passengers and baggage No._______

      Footnote. Appendix 3 - as revised by order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan No. 159 dated 08.04.2021 ( shall come into effect ten calendar days after the date of its first official publication).

      Date and time of departure: “__” ______ 20 ____

            Service recipient: ____________________________________________

            (individual identification number / business identification number)

            State service: “Approval of Routes and Schedules of Regular Urban (Rural), Suburban and Intra-District Motor Transportation of Passengers and Baggage”.

            Certificate number No:___________

      Contract number No:__________

            Transportation type: ___________

Name of the route

Schedule of traffic movements

starting point

final destination

departure time from the starting point

departure time from destination





      Status: Approved

      Local executive body that issued the notification: _________

      _________________________________________________________________

  Appendix 4
to the Rules for Approval of Routes and Traffic Schedules
of Regular Urban (Rural), Suburban and Intra-District
Road Transportation of Passengers and Baggage”

      Document form

Notification on refusal in rendering a state service No._________________

      Footnote. The Rules have been supplemented by Appendix 4 as per order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan No. 159 dated 08.04.2021 (shall come into effect upon expiry of ten calendar days after the day of its first official publication).

      Date and time of departure: “___” ______ 20 ____

      Service recipient: ____________________________________________

      (individual identification number / business identification number)

      State service: “Approval of Routes and Schedules of Regular Urban (Rural), Suburban and Intra-District Motor Transportation of Passengers and Baggage”.

      Certificate number No:___________

      Contract number No:__________

      Transportation type: ___________


Name of the route

Traffic schedule

point of departure

final destination

departure time from the point of departure

departure time from destination





      Status: Denied

      Ground:__________________________________________________

      _________________________________________________________________

      Local executive body that issued the notification:_________________________

      _________________________________________________________________


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