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 – in the wording of the order of the Minister of Science and Higher Education of the Republic of Kazakhstan dated 30.04.2024 № 205 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).1. To approve the attached Rules for provision of public service "Conduct of state scientific and technical expertise" in accordance with Appendix 1 to this order.
2. To recognize as invalid some orders of the Ministry of Education and Science of the Republic of Kazakhstan in accordance with Appendix 2 to this order.
3. The Science Committee of the Ministry of Education and Science of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, 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 Education and Science of the Republic of Kazakhstan;
3) within ten working days after the state registration of this order, submission of information to the Legal Department of the Ministry of Education and Science of the Republic of Kazakhstan on implementation of the measures provided for in subparagraphs 1) and 2) of this paragraph.
4. The supervising vice minister of education and science of the Republic of Kazakhstan is authorized to control the execution of this order.
5. This order comes into effect upon the expiration of ten calendar days after its first official publication.
Minister of education and science of the Republic of Kazakhstan |
A. Aimagambetov |
"AGREED"
Ministry of digital development,
innovations and aero-space industry of the
Republic of Kazakhstan
Appendix 1 to the order of the Minister of education and science of the Republic of Kazakhstan dated June 4, 2020 № 229 |
Rules for the public service provision "State scientific and technical expertise"
Footnote. Rules – in the wording of the order of the Minister of Science and Higher Education of the Republic of Kazakhstan dated 30.04.2024 № 205 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
Chapter 1. General provisions
1. These Rules for the public service provision "Conducting state scientific and technical expertise" (hereinafter referred to as the Rules) shall be developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the Law) and shall determine the procedure for the public service provision "Conducting state scientific and technical expertise" (hereinafter referred to as the public service).
2. The state service shall be provided by the joint-stock company National center for state scientific and technical expertise (hereinafter referred to as the service provider).
3. The receipt of documents and the issuance of the results of the public service provision shall be carried out by the service provider through the informatization object of the is.ncste.kz (hereinafter referred to as the informatization object) of the service provider.
Chapter 2. Procedure for the public service provision
4. To receive a public service, an individual and (or) a legal entity (hereinafter referred to as the service recipient) shall provide the service provider with a list of documents provided for in paragraph 8 of the List of Basic Requirements for the public service provision "Conducting state scientific and technical expertise" in accordance with Annex 1 to these Rules (hereinafter referred to as the List of basic requirements for the public service provision).
List of basic requirements for the public services provision, including the name of the public service; name of the service provider; methods of providing public services; term of public service provision; form of public service provision; the result of the public service provision; the amount of fees charged from the service recipient in the public services provision, and methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan; work schedule of the service provider, State corporation and information objects; list of documents and information requested from the service recipient for the public service provision; grounds for refusal to provide public services established by the Laws of the Republic of Kazakhstan shall be set out in the List of basic requirements for the provision of public services.
When the service recipient provides an incomplete package of documents and (or) expired documents, the service provider shall give a reasoned refusal to further consider the application, and the employee of the State corporation shall refuse to accept the application and issues a receipt of refusal to accept documents in the form in accordance with Annex 4 to these Rules.
5. The status of acceptance of the request for the public service provision shall be sent to the service recipient through the informatization object, as well as a notification indicating the date and time of receipt of the result of the public service.
6. The service provider shall receive and register documents on the day of receipt.
When the service recipient applies after the end of working hours, on weekends and holidays, in accordance with the Labor Code of the Republic of Kazakhstan, the request shall be received and the results of the public service shall be issued the next working day.
7. The service provider shall ensure the entry of data into the object of informatization of the public service provision on the stage of the public service provision in the manner established by the authorized body in the field of informatization in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan "On public services."
8. Employee of the responsible structural subdivision of the service provider (hereinafter referred to as the service provider employee) within 15 (fifteen) working days from the date of registration of documents shall check them for compliance with the requirements of paragraph 9 of the Rules for organizing and conducting state scientific and technical expertise, approved by order of the Minister of Science and Higher Education of the Republic of Kazakhstan dated September 27, 2023 № 489 (registered in the Register of State Registration of Regulatory Legal Acts under № 33478) (hereinafter referred to as the Rules of Expertise).
The service recipient shall send the revised application by means of the service provider's informatization object within three (3) working days from the date the service provider shall send the application for revision.
Upon receipt of the revised applications, the service provider shall check for elimination of the previously specified comments; if the comments are not eliminated, the service provider shall return the application to the service recipient within three (3) working days from the date of receipt of the revised applications.
If the submitted documents of the service recipient do not comply with paragraph 9 of the Rules of examination, the employee of the service provider, within the period specified in part one of this paragraph, forms a motivated refusal to provide a public service by compiling a list of applications that shall not meet the requirements of paragraph 9 of the Rules of examination in accordance with Annex 2 to these Rules. The motivated refusal shall be directed by the service provider through the service recipient's informatization object.
9. The service provider shall refuse to provide the state service in cases and on the grounds provided for by the Laws of the Republic of Kazakhstan set forth in the List of basic requirements for the public service provision.
10. If the documents of the service recipient comply with paragraph 9 of the Rules of expertise, the service provider, in accordance with the Rules of expertise, selects experts within 7 (seven) working days, concludes contracts with them and sends them documents for state scientific and technical expertise (hereinafter referred to as the SSTE).
11. Stages and timing of the SSTE applications submitted within the framework of grant, program-targeted financing; funding of scientific organizations carrying out basic scientific research; research works nominated for the State prize in the field of science and technology; final (intermediate) reports on scientific and (or) scientific and technical activities within the framework of grant, program-targeted financing, as well as financing of scientific organizations engaged in fundamental scientific research shall be defined in 14, 15, 16 and 17 paragraphs of the Rules of expertise.
12. Upon requests that score below the SSTE threshold score, the service provider shall return the request with the SSTE results (indicating the SSTE score) to the service recipient (scientific supervisor) through the service provider's informatization object after the SSTE shall be completed within 3 (three) working days.
Applications with a SSTE threshold score and higher, according to the Rules of expertise, shall be sent to the expert to assess the validity of the requested amount of funding attracted by the service provider, together with the results of the SSTE (without specifying the SSTE points) within 3 (three) working days after the completion of the SSTE, with notification of the service recipient through the informatization object to the service recipient.
13. Assessment of the validity of the requested amount of funding shall be carried out by the expert within a period of no more than 7 (seven) working days after the completion of the SSTE.
The results of the assessment of the validity of the requested amount of financing of the application, together with the results of the SSTE (without specifying the SSTE points), shall be sent to the relevant national scientific councils in the areas (hereinafter referred to as NNC) within 2 (two) working days, according to the Rules of expertise, with notification of the service recipient through the informatization object to the service recipient.
14. The service provider shall send the conclusions of the SSTE to the relevant NNC on the final (intermediate) reports on the scientific and (or) scientific and technical activities within the framework of programmatic and targeted financing and on the final reports on scientific and (or) scientific and technical activities within the framework of grant funding, as well as reports of state scientific organizations and scientific organizations with one hundred percent participation of the state included in the list of scientific organizations carrying out fundamental scientific research for 2 (two) working days, according to the Rules of expertise, with notification of the service recipient through the object of informatization to the service recipient.
15. On applications within the framework of grant financing of projects for the commercialization of the results of scientific and (or) within seven (7) working days from the date of registration of the documents, the employee of the service provider shall check them for compliance with the requirements of the tender documentation in accordance with Annex 5 of the Rules for basic and program-specific financing of scientific and (or) scientific and technical activities, grant financing of scientific and (or) scientific and technical activities and commercialization of the results of scientific and (or) scientific and technical activities, financing of scientific organizations engaged in fundamental scientific research, approved by the order of the Acting Minister of Science and Higher Education of the Republic of Kazakhstan dated November 6, 2023 № 563 (registered in the Register of State Registration of Regulatory Legal Acts under № 33613).
If the submitted documents of the service recipient do not comply with the requirements of the tender documentation, the employee of the service provider, within the period specified in part one of this paragraph, forms a motivated refusal to provide a public service by compiling a list of applications that shall not meet the requirements of the tender documentation submitted within the framework of grant financing of projects for the commercialization of the results of scientific and (or) scientific and technical activities, in accordance with Annex 3 to these Rules. The motivated refusal shall be directed by the service provider through the service recipient's informatization object.
When the documents of the service recipient comply, the service provider, in accordance with the Rules of expertise, selects experts, concludes contracts with them and sends them documents for examination of projects for the commercialization of the results of scientific and (or) scientific and technical activities (hereinafter referred to as EPCRSSTA).
16. The organization and timing of the EPCRSSTA shall consist of technological and economic (marketing) expertise and shall include the following stage:
Performance of EPCRSSTA - no more than 40 (forty) working days.
17. Within two (2) working days after receipt of the consolidated conclusions of the project examination, the service provider shall submit the consolidated conclusions of the examination to the NNC for making a decision on financing or refusal to finance the project of commercialization of the results of scientific and (or) scientific and technical activities.
18. After receiving the results of SSTE and EPCRSSTA (without specifying points), NNC meetings on all issues under consideration shall be held within no more than 20 (twenty) working days in accordance with the Regulation on NNC, approved by the order of the Minister of Science and Higher Education of the Republic of Kazakhstan dated September 25, 2023 № 487 (registered in the Register of State Registration of Regulatory Legal Acts under № 33466) (hereinafter referred to as the Regulation on NNC).
19. If there are grounds for refusing to provide a public service provided for in paragraph 9 of the List of basic requirements, the service provider shall notify the service recipient of the preliminary decision to refuse to provide a public service, as well as the time, place and method of hearing to enable the service recipient to express a position on the preliminary decision. The notification (notification) shall be sent by text message to the subscriber's cellular number or e-mail address or using other means of communication that ensure the fixation of the notification or call.
Notice of hearing shall be sent at least three (3) working days prior to the decision on reasoned refusal.
The objection of the service recipient by a preliminary decision shall be accepted by the service provider within 2 (two) working days from the date of its receipt.
Based on the results of the hearing, the service provider shall make a decision on the public service provision, or forms a motivated refusal.
20. From the date of completion of NNC meetings, the service provider shall draw up and ensure that within five (5) working days the minutes of the meetings shall be signed by all NNC members who participated in the meetings, in accordance with the Regulation on NNC.
SSTE conclusion and ННС decision shall be sent by the service provider to the service recipient within 3 (three) working days through the informatization object.
21. The authorized body in the field of science of the Republic of Kazakhstan shall notify service providers, operators of the information and communication infrastructure of the "electronic government" about the amendments and additions to the Requirements for the public service provision, including the Unified Contact Center shall notify within three working days from the date of approval or amendments and additions to the Requirements for the provision of public services.
Chapter 3. Procedure for appealing decisions, actions (inaction) of service providers and (or) their officials regarding the provision of public services
22. Consideration of a complaint on the public service provision shall be carried out by a higher administrative body, official, authorized body for assessment and control over the quality of public services (hereinafter referred to as the body considering the complaint).
A complaint shall be filed with the service provider and (or) the official whose decision, action (inaction) shall be appealed.
The service provider, the official whose decision, action (inaction) shall be appealed, no later than 3 (three) working days from the date of receipt of the complaint, send it and the administrative case to the body considering the complaint.
At the same time, the service provider, an official whose administrative act, administrative action (inaction) shall be appealed, shall have the right not to send a complaint to the body considering the complaint, if he accepts a favorable administrative act within 3 (three) working days, performs an administrative action that fully satisfies the requirements specified in the complaint.
The complaint of the service recipient received by the service provider, in accordance with paragraph 2 of Article 25 of the Law, shall be subject to consideration within 5 (five) working days from the date of its registration.
The complaint of the service recipient received by the authorized body for assessment and control over the quality of public services shall be considered within fifteen (15) working days from the date of its registration.
23. Unless otherwise provided by the Law, an appeal to a court is allowed after a pre-trial appeal.
Annex 1 to the Rules for public service provision "Conducting of state scientific and technical expertise" |
List of basic requirements for the public service provision “State of scientific and technical expertise”
1. | Name of service provider | Joint stock company "National center for state scientific and technical expertise" |
2. | Methods of public service provision | The service provider is.ncste.kz (hereinafter referred to as the service provider) through the informatization object. |
3. | Term of public service provision |
1) The total terms for issuing the SSTE conclusion of projects and programs and the NNC decision shall be 74 (seventy-four) working days: |
4. | Form of public service provision | Electronic (partially automated) / paper |
5. | Result of public service provision |
Stage 1 - conclusions of the SSTE (indicating the SSTE score) - on applications that scored below the SSTE threshold score, or a motivated refusal, or notification of the application to the expert to assess the validity of the requested amount of funding; |
6. | The amount of payment charged from the service recipient in the public services provision, and methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan | Public service - free of charge |
7. | Work schedule of the service provider, state corporation and information objects |
Service provider - from Monday to Friday, in accordance with the established work schedule from 9.00 to 18.00, with the exception of weekends and holidays, according to the Labour Code of the Republic of Kazakhstan with a lunch break from 13.00 to 14.00. |
8. | List of documents and information requested from the service recipient for the public service provision |
1) applications in the form and documents in accordance with Annex 5 to the Rules for basic and programmatic targeted financing of scientific and (or) scientific and technical activities, grant financing of scientific and (or) scientific and technical activities and commercialization of the results of scientific and (or) scientific and technical activities, financing of scientific organizations engaged in fundamental scientific research, approved by order of the Acting Minister of Science and Higher Education of the Republic of Kazakhstan dated November 6, 2023 № 563 (registered in the Register of State Registration of Regulatory Legal Acts under № 33613); |
9. | Grounds for refusal to provide public services established by the Laws of the Republic of Kazakhstan |
1) determination of the inaccuracy of the documents submitted by the service recipient to receive the state service, and (or) the data (information) contained in them; |
10. | Other requirements, taking into account the specifics of the public service provision, including those provided in electronic form and through the State corporation |
1) the maximum allowable waiting time for the delivery of a package of documents shall be 15 (fifteen) minutes; |
Annex 2 to the Rules for public service provision "Conducting of state scientific and technical expertise" |
List of applications, not complying with the requirement of paragraph 9 of the Rules of the organization and conducting of state scientific and technical expertise,
approved by the order of the Minister of Science and Higher Education of the Republic of Kazakhstan dated September 27, 2023 № 489 (hereinafter referred to as the Rules)
№ | IRN | Name | Customer | Service recipient | Research supervisor | Requirement of Rules | Requirement of tender documentation | Justification of failure |
1 |
Annex 3 to the Rules for public service provision "Conducting of state scientific and technical expertise" |
List of applications, not meeting the requirements of the tender documentation,
submitted under the grant financing of commercialization projects
results of scientific and (or) and (or) scientific and technical activities
№ | Individual registration number | Name | Customer | Service recipient | Research supervisor | Requirement of tender documentation | Justification of failure |
1 |
Annex 4 to the Rules for public service provision "Conducting of state scientific and technical expertise" |
Receipt of refusal to accept documents
Guided by paragraph 2 of Article 20 of the Law of the Republic of Kazakhstan
"On state services," department № __ of the branch of the non-commercial joint stock
company
state corporation "Government for citizens"
(specify the address) refuse to accept documents for the provision of public services
________________________shall due to your submission of an incomplete set of documents
according to the list provided for by the requirements for the public
service provision, namely:
Name of missing documents:
1) ________________________________________;
2) ________________________________________;
3) ________________________________________.
This receipt shall be made in two copies, one for each party.
___________________________________________________________
Full name (if any) (signature)
employee of the State corporation
Contractor: _______________________________________________
Full name (if any)
Telephone: ___________________________________________________
Received: ___________________________________________________
Surname, name, patronymic (if any) signature of the service recipient
"___" _________ __ 20
Appendix 2 to the order of the Minister of education and science of the Republic of Kazakhstan dated June 4, 2020 № 229 |
List of some orders of the Ministry of Education and Science of the Republic of Kazakhstan that have become invalid
1. Order of the Minister of Education and Science of the Republic of Kazakhstan dated April 15, 2015 № 205 "On approval of the public service standard "Conduct of state scientific and technical expertise" (registered in the Register of state registration of regulatory legal acts № 11077, published on May 19, 2015 in information and legal system "Adilet");
2. Order of the Minister of Education and Science of the Republic of Kazakhstan dated June 11, 2015 № 374 "On approval of the regulations of the public service "Conduct of state scientific and technical expertise" (registered in the Register of state registration of regulatory legal acts under № 11634, published on July 10, 2015 in information and legal system "Adilet");
3. Order of the acting Minister of Education and Science of the Republic of Kazakhstan dated November 2, 2015 № 620 "On amendments to the order of the Minister of Education and Science of the Republic of Kazakhstan dated April 15, 2015 № 205 "On approval of the public service Standard "Conduct of state scientific and technical expertise" (registered in the Register of state registration of regulatory legal acts № 12810, published on January 05, 2016 in the information and legal system "Adilet");
4. Order of the Minister of Education and Science of the Republic of Kazakhstan dated December 28, 2015 № 709 "On amendments to the order of the Minister of Education and Science of the Republic of Kazakhstan dated June 11, 2015 № 374 "On approval of the Regulations for the public service "Conduct of state scientific and technical expertise" (registered in the Register of state registration of regulatory legal acts under № 12945, published on January 28, 2016 in the information and legal system "Adilet").