Unofficial translation
In accordance with subparagraph 1) Article 10 Of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" ORDER:
1. Approve the attached rules provision of the state service "Issuance of a license for the right to engage in activities related to the irregular transportation of passengers by buses, minibuses in intercity interregional, interdistrict (intercity intraregional) and international communications, as well as regular transportation of passengers by buses, minibuses in international traffic."
2. The Transport Committee of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan, in the manner prescribed by law, shall ensure:
1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) posting this order on the Internet resource of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan.
3. Control over the execution of this order shall be entrusted to the supervising vice minister of industry and infrastructure development of the Republic of Kazakhstan.
4. This order shall be enforced upon the expiration of twenty one calendar days after the day of its first official publication.
Minister of Industry and infrastructure development Republic of Kazakhstan |
B. Atamkulov |
"AGREED"
Ministry of Digital
development, innovation and aerospace
industry of the Republic of Kazakhstan
Approved by order Minister of Industry and infrastructure development Republic of Kazakhstan dated May 28, 2020 No. 318 |
Rules for the provision of public services
"Issuance of a license for the right to engage in activities related to the irregular transportation of passengers by buses, minibuses
in intercity interregional, interdistrict (intercity intraregional) and international communications, as well as regular transportation of passengers
by buses, minibuses in international traffic2
Chapter 1. General Provisions
1. These Rules for the provision of public services "Issuance of a license for the right to engage in activities related to the irregular transportation of passengers by buses, minibuses in intercity interregional, interdistrict (intercity intraregional) and international traffic, as well as regular transportation of passengers by buses, minibuses in international traffic" (hereinafter referred to as the Rules ) developed in accordance with subparagraph 1) Article 10 Of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" (hereinafter referred to as the Law) and determine the procedure for issuing licenses for the right to engage in activities for irregular transportation of passengers buses, minibuses in intercity interregional, interdistrict (intercity intraregional) and international communications, as well as regular transportation of passengers by buses, minibuses in international traffic.
2. The state service "Issuance of a license for the right to engage in activities related to the irregular transportation of passengers by buses, minibuses in intercity interregional, interdistrict (intercity intraregional) and international traffic, as well as regular transportation of passengers by buses, minibuses in international traffic" (hereinafter - the state service) is provided local executive bodies of regions, the cities of Nur-Sultan, Almaty and Shymkent (hereinafter referred to as the service provider).
Chapter 2. The procedure for the provision of public services
3. To receive the public service, individuals or legal entities (hereinafter referred to as the service recipient) through the web portal "Electronic government": www.egov.kz, www.elicense.kz (hereinafter referred to as the portal) send the service provider an application from a legal entity for obtaining a license and (or) appendices to the license in accordance with Appendix 1 to these Rules (hereinafter referred to as an application of a legal entity for obtaining a license) or an application of an individual for obtaining a license and (or) appendices to a license in accordance with Appendix 2 to these Rules (to these Rules (hereinafter referred to as an application of an individual for obtaining a license) or an application of a legal entity for reissuing a license and (or) appendices to a license in accordance with Appendix 3 to these Rules (hereinafter referred to as an application of a legal entity for reissuing a license) or an application of an individual for reissuing a license and (or) appendices to a license in accordance with Appendix 4 to these Rules (hereinafter referred to as an application of an individual for reissuing a license) with the attachment of documents according to the list provided for in paragraph 8 of the State Service Standard “Issuance of a license for the right to engage in activities related to the irregular transportation of passengers by buses, minibuses in intercity interregional, interdistrict (intercity intraregional) and international communications, as well as regular transportation of passengers by buses, minibuses in international traffic "(hereinafter referred to as the Standard) according to Appendix 5 to these Rules.
The list of basic requirements for the provision of the public service, including the characteristics of the process, forms, content and result of the provision, as well as other information, taking into account the specifics of the provision of public services, are set out in the Standard.
Footnote. Paragraph 3 as amended by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).4. Excluded by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).
5. The service provider receives information of identity documents, and a certificate on checking tachographs in buses and minibuses from the relevant state information systems through the gateway of “Electronic Government”.
Footnote. Paragraph 5 as amended by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).6. Excluded by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).
7. Excluded by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).
8. The status of acceptance of the request for the provision of the public service shall be sent to the "personal account" of the service recipient, indicating the date of receipt of the result of the provision of the public service.
Footnote. Paragraph 8 as amended by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).9. The Service Provider shall register the documents on the day they are received.
10. If the service recipient applies after the end of working hours, weekend and holidays according to the labor legislation of the Republic of Kazakhstan, registration of an application for the provision of public services is carried out on the next working day.
11. The term for the provision of public services for obtaining licenses for the right to engage in activities for the irregular transportation of passengers by buses, minibuses in intercity interregional, interdistrict (intercity intraregional) and international traffic, as well as regular transportation of passengers by buses, minibuses in international traffic is 5 (five) working days from the date of submission statements, for renewal license and (or) Appendixes to the license 3 (three) working days, and for getting a duplicate licenses 2 (two) business days.
12. If it is established that the submitted documents are incomplete in accordance with the list provided for in clause 8 of the Standard, and (or) expired documents received through the portal, the service provider sends a reasoned refusal response within 2 (two) business days from the date of registration of the received documents in any form about further consideration of the application.
13. Upon receipt of the application and the package of documents, provided for in paragraph 8 of the Standard, from the service recipient, the office specialist sends this application and the package of documents for consideration to the head of the service provider or the acting head, who determines the responsible officer of the service provider through the supervising deputy head and (or) head of the structural unit of the service provider.
The responsible officer of the service provider, within the time limits specified in paragraph 11 of these Rules, verifies the compliance of the service recipient and the submitted materials, data and information required for the provision of the public service with the requirements of these Rules and the Qualification Requirements for the activity of irregular transportation of passengers by buses, minibuses in intercity interregional, interdistrict (intercity intraregional) and international communications, as well as regular transportation of passengers by buses, minibuses in international traffic, and a list of documents confirming compliance with them, approved by the order of the Minister of Investments and Development of the Republic of Kazakhstan dated January 30, 2015 No. 72 (registered in the Register of State Registration of Regulatory Legal Acts as No. 10800) (hereinafter referred to as the Qualification Requirements), which have been set in Appendix 7 to these Rules.
Based on the results of determining the compliance of the service recipient and the submitted materials, data and information with the requirements specified in part two of this paragraph, the responsible officer of the service provider shall issue a license for the right to engage in the irregular transportation activities of passengers by buses, minibuses in intercity interregional, interdistrict (intercity intraregional) and international traffic, as well as regular transportation of passengers by buses, minibuses in international traffic, or a reasoned response to refuse to provide the public service on the grounds specified in paragraph 9 of the Standard.
The responsible officer of the service provider shall send the project of the result of the provision of public services to the head of the service provider or his acting in coordination with the supervising deputy head and (or) the head of the structural unit of the service provider.
The result of the provision of the public service shall be sent to the "personal account" of the service recipient in the form of an electronic document certified by an electronic digital signature (hereinafter referred to as the EDS) of an authorized person of the service provider.
Footnote. Paragraph 13 as amended by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).13-1. The service provider shall ensure that data on the stage of provision of the 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 services on the stage of provision of a public service approved by the 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 Normative Legal Acts under No. 8555).
When providing a public service through the state information system of permits and notifications, data on the stage of provision of a public service are automatically sent to the information system for monitoring the provision of public services.
Footnote. The Rules as amended by paragraph 13-1 in accordance with the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 06.05.2021 No. 226 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).14. Excluded by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).
15. Excluded by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).
16. Excluded by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).
Chapter 3. The procedure for filing an appeal against decisions, actions (inaction) of the service provider and (or)
its officials on the provision of the public service "Issuance of a license for the right to engage in activities related
to the irregular transportation of passengers by buses, minibuses in intercity interregional, interdistrict (intercity intraregional)
and international traffic, as well as regular transportation of passengers by buses, minibuses in international traffic”
Footnote. The title of Chapter 3 as amended by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).
17. A complaint against decisions, actions (inaction) of the service provider and (or) its officials on the provision of public services shall be submitted in the name of the head of the service provider or in the name of the head of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan (hereinafter referred to as the Ministry) at the addresses - www.miid.gov .kz, section "Public Services", section "Transport Committee".
The complaint shall be submitted in writing by mail or in person through the office, as well as through the portal.
Confirmation of the acceptance of a complaint, received both on purpose and by mail, shall be its registration (stamp, incoming number and date) in the office with the name and initials of the person who accepted the complaint.
When sending a complaint through the portal from the user's account, the service recipient shall have access to information about the complaint, which is updated during its processing in the state body (mark on delivery, registration, execution, response based on the results of consideration or refusal to consider).
The complaint of the service recipient received by the service provider shall be subject to consideration within 5 (five) working days from the date of its registration. A reasoned response on the results of the consideration of the complaint shall be sent to the service recipient by mail or issued on purpose in the office.
In case of disagreement with the results of the public service provided, the service recipient may file a complaint with the authorized body for assessing and monitoring the quality of public services.
The applicant's complaint received by the authorized body for assessing and monitoring the quality of the provision of public services shall be subject to consideration within 15 (fifteen) working days from the date of its registration.
Footnote. Paragraph 17 as amended by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).18. In cases of disagreement with the results of the provided public service, the service recipient applies to the court in the established legislation Of the Republic of Kazakhstan.
Form
Application of a legal entity for obtaining a license and (or) appendixes to the license
Footnote. Appendix 1 as amended by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).
To______________________________________________________________
(full name of the licensor)
from__________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(full name, location, business identification number
of a legal entity (including a foreign legal entity),
business identification number of a branch or a representative office of a foreign
legal entity – in the event of the absence of a business identification number
of a legal entity).
I ask to grant a license and (or) Appendix to the license to engage in
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(indicate the full name of the activities and (or) subtype(s) of activities)
Address of a legal entity ___________________________________________
__________________________________________________________________
__________________________________________________________________
(postal code, country (for a foreign legal entity), region,
city, district, locality, street name, house/building number
(stationary premise)
E-mail ___________________________________________________
Telephones___________________________________________________________
Fax ________________________________________________________________
____________________________________________________________________
(account number, name and location of the bank)
Address of the object of carrying out activities or actions (operations)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(postal code, region, city, district, locality, street name,
house/building number (stationary premise)
______ sheets attached.
This is to certify that all the data specified are official contacts and any information on the issuance or refusal to issue a license and (or) attachment to a license can be sent to them;
the applicant is not prohibited by the court from engaging in a licensed type and (or) subtype of activity;
all attached documents are true and valid;
the applicant agrees to the use of personal data of restricted access, constituting a legally protected secret, contained in information systems, when issuing a license and (or) an appendix to a license;
the applicant certifies the application with an EDS.
__________________________________________________________________
(signature) (surname, name, patronymic (if any)
Date of completion: "___" ___________ 20__
*Seal is not required for legal entities classified as private business entities.
Form
Application of an individual for obtaining a license and (or) appendixes to the license
Footnote. Appendix 2 as amended by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).
To ____________________________________________________________________
(full name of the licensor)
from ______________________________________________________________________
______________________________________________________________________
(surname, name, patronymic (if any) of an individual, individual identification number)
I ask to grant a license and (or) Appendix to the license to engage in
_______________________________________________________________________
_______________________________________________________________________
(indicate the full name of the type of activities and (or) subtype(s) of activities)
Residential address of the individual____________________________________
(postal code, region, city, district, locality, street name,
house/building number)
E-mail ____________________________________________________
Telephones____________________________________________________________
Fax ________________________________________________________________
____________________________________________________________________
(account number, name and location of the bank)
Address of the object of carrying out activities or actions (operations)
____________________________________________________________________
____________________________________________________________________
(postal code, region, city, district, locality, street
name, house/building number (stationary premise)
______ sheets attached.
This is to certify that:
all the data specified are official contacts and any information on issues of issuing or refusing to issue a license and (or) an annex to a license can be sent to them;
the applicant is not prohibited by the court from engaging in a licensed type and (or) subtype of activity;
all attached documents are true and valid;
the applicant agrees to the use of personal data of restricted access, constituting a legally protected secret, contained in information systems, when issuing a license and (or) an appendix to a license;
the applicant certifies the application with an EDS.
__________________________________________________________________
(signature) (surname, name, patronymic (if any)
Date of completion: "___"_________ 20__
* Seal is not required for persons classified as private business entities
Form
Application of a legal entity for re-issuing a license and (or) appendix to the license
Footnote. Appendix 3 as amended by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).
To ______________________________________________________________
(full name of the licensor)
from ____________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(full name, location, business identification number
of a legal entity (including a foreign legal entity),
business identification number of a branch or a representative office of a foreign
legal entity – in the absence of a business identification number
of a legal entity)
I ask to re-issue the license and (or) appendix to license No._____________
dated "___" ___________20____, issued________________________________
(license number and (or) appendix to the license, date of issue, name
of the licensor, issued the license and (or) appendix to the license) to engage in
_____________________________________________________________________
_____________________________________________________________________
(full name of the type of activity and (or) subtype(s) of activity) for the following reason(s) (indicate Х in the appropriate box):
1) reorganization of a legal entity-licensee in accordance with the procedure determined
by Article 34 of the Law) on permissions and notifications by (indicate Х in the appropriate box):
merger ____
restructurization____
accession ____
spin-off____
separation ____
2) change of the name of the legal entity-licensee ____
3) change of the location of the legal entity-licensee (if the address is indicated in the license) ____
4) change of the address of the location of the object without physically moving it for a license,
issued under the class "permits issued to objects" with an indication of objects ____
5) the presence of a requirement for re-issuing in the laws of the Republic of Kazakhstan ____
6) change of the name of the type of activity ____
7) change the name of the subspecies of activity ____
Address of a legal entity
_____________________________________________________________________
_____________________________________________________________________
(country - for a foreign legal entity, postal code, region, city, district, settlement,
street name, house / building number (stationary premise)
E-mail ___________________________________________________
Telephones___________________________________________________________
Fax _______________________________________________________________
____________________________________________________________________
(account number, name and location of the bank)
Address of the object of carrying out activities or actions (operations)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(postal code, region, city, district, locality, street name, house/building number (stationary premise)
______ sheets attached.
This is to certify that:
all the data specified are official contacts and any information on issues of issuing or refusing to issue a license and (or) an annex to a license can be sent to them;
the applicant is not prohibited by the court from engaging in a licensed type and (or) subtype of activity;
all attached documents are true and valid;
the applicant agrees to the use of personal data of restricted access, constituting a legally protected secret, contained in information systems, when issuing a license and (or) an appendix to a license;
the applicant certifies the application with an EDS.
__________________________________________________________________
(signature) (surname, name, patronymic (if any)
Seal
Date of completion: "___"_________ 20__
* Seal is not required for persons classified as private business entities.
Form
Application of an individual for re-issuing a license and (or) appendix to a license
Footnote. Appendix 4 as amended by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).
To ____________________________________________________________________
(full name of the licensor)
from _________________________________________________________________________
(surname, name, patronymic (if any) of an individual, individual identification number)
I ask to re-issue the license and (or) appendix to license No.____________________
dated "___" ___________ 20____ , issued______________________________________
______________________________________________________________________________
_____________________________________________________________________________
(number of the license and (or) appendix to the license, date of issue, name of the licensor that issued the license)
to engage in _____________________________________________________________
(full name of the type(s) of activity and (or) subtype(s) of activity)
according to the following grounds (indicate Х in the appropriate box):
1) change of the surname, name, patronymic (if any) of an individual – licensee
____________________________________________________________________________
2) re-registration of an individual entrepreneur-licensee, change of its name
____________________________________________________________________________
3) re-registration of an individual entrepreneur-licensee, change of its legal address
____________________________________________________________________________
4) changing the address of the location of an object without its physical movement for a license issued
according to the class of permission issued for objects with an indication of the objects
____________________________________________________________________________
5) the presence of a requirement for re-issuing in the laws of the Republic of Kazakhstan
_____________________________________________________________________________
6) change in the name of the type of activity
_____________________________________________________________________________
7) change in the name of the subtype of activity
_____________________________________________________________________________
residential address of the individual _________________________________________
(postal code, region, city, district, locality, street name, house/building number)
E-mail ______________________________________________________________
Telephones____________________________________________________________________
Fax _________________________________________________________________________
(account number, name and location of the bank)
Address of the object of carrying out activities or actions (operations)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(postal code, region, city, district, locality, street name, house/building number (stationary premise)
_____ sheets attached.
This is to certify that:
all the data specified are official contacts and any information on issues of issuing or refusing to issue a license and (or) an annex to a license can be sent to them;
the applicant is not prohibited by the court from engaging in a licensed type and (or) subtype of activity;
all attached documents are true and valid;
the applicant agrees to the use of personal data of restricted access, constituting a legally protected secret, contained in information systems, when issuing a license and (or) an appendix to a license;
the applicant certifies the application with an EDS.
__________________________________________________________________
(signature) (surname, name, patronymic (if any)
Date of completion: "___"_________ 20__
* Seal is not required for persons classified as private business entities.
Standard of state service “Issuance of a license for the right to engage in activities related to the irregular transportation
of passengers by buses, minibuses in intercity interregional, interdistrict (intercity intraregional) and international traffic,
as well as regular transportation of passengers by buses, minibuses in international traffic”
Footnote. Appendix 5 as amended by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).
Receipt on the refusal to accept documents
Footnote. Appendix 6 excluded by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 21.01.2021 No. 25 (shall be enforced upon expiry of twenty-one calendar days after the date of its first official publication).
Qualification requirements to the activities on the irregular transportation of passengers by buses, minibuses in intercity
interregional, interdistrict (intercity intraregional) and international traffic, as well as regular transportation of passengers by buses, minibuses in international traffic, and the list of documents, certifying conformity with them
Footnote. Appendix 7 - as amended by the order of the Minister of Industry and Infrastructural Development of the Republic of Kazakhstan dated 06.05.2021 No. 226 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).
Item.No. | Qualification requirements include the availability of`: | Documents | Note |
1 | buses and (or) minibuses owned on the right of ownership or otherwise legally owned by individuals or legal entities that meet the requirements of the technical regulation of the Customs Union "On the safety of wheeled vehicles" (TR TS 018/2011), adopted by decision of the Commission of the Customs Union dated December 9, 2011 No. 877, ST RK 1040-2001 “Automobile transport services for passenger transportation. General specifications” | copies of documents confirming the presence of buses and minibuses on the right of ownership or possession of under other legal grounds | |
2 | repair and production base owned by the carrier on the right of ownership or other legal grounds, or a service agreement concluded with the organization (s) | copies of documents confirming the existence of a repair and production base owned by the carrier on the basis of ownership or other legal grounds, or a service agreement concluded with the organization (s) | |
3 | qualified specialists for pre-trip technical inspection of buses and minibuses, pre-trip (pre-shift) medical examination of drivers or agreements with relevant organizations engaged in such activities | copies of documents confirming the availability of services and qualified personnel for pre-trip technical inspection of buses and minibuses (on higher or secondary specialized education in the field of road transport), pre-trip (pre-shift) medical examination of drivers, or agreements with relevant organizations engaged in such activities | |
4 | certificate on verification of tachographs on buses and minibuses | Copies of the relevant certificate on verification of tachographs on buses and minibuses | |
5 | compulsory insurance agreement of civil liability of owners of buses and minibuses and compulsory insurance agreements of civil liability of the carrier to passengers | Copies of the compulsory insurance agreement of civil liability of owners of buses and minibuses and compulsory insurance agreements of civil liability of the carrier to passengers | |
6 | a driver's license of the corresponding category for drivers of buses and minibuses and a document confirming the length of service as a driver of vehicles of the corresponding category | copies of a driver's license of the relevant category - for an individual or a driver's license of the corresponding category of the driver's team - for of a legal entity, a document confirming the length of service as a driver of vehicles of the relevant category in accordance with the Labor Code of the Republic of Kazakhstan dated November 23, 2015 | |
7 | order on determining the responsible person for safety transportation | Copies of the order on determining the responsible person for safety transportation |