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 Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 23.11.2021 № 477 (shall be enforced ten calendar days after the day of its first official publication).1. To approve:
1) the Rules for provision of public service "Issuance of a license for performance of works and provision of services in the field of environmental protection", in accordance with Appendix 1 to this order;
2) the Rules for provision of public service "Issuance of a license for import into the territory of the Republic of Kazakhstan from countries outside the Customs Union and export from the territory of the Republic of Kazakhstan to these countries of ozone-depleting substances and products containing them", in accordance with Appendix 2 to this order;
3) has ceased to be valid by the order of the acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 19.07.2021 № 258 (shall be enforced sixty calendar days after the day of its first official publication);4) Rules for rendering the public service “Issuance of the conclusion on the results of the environmental impact assessment”, according to Annex 4 to this order;
5) Rules for rendering the public service “Issuance of a conclusion on determining the scope of environmental impact assessment and (or) screening of impacts of planned activities”, according to Annex 5 to this order;
6) the Rules for provision of public service "Issuance of permits for emissions into environment for objects of categories II, III and IV", in accordance with Appendix 6 to this order;
7) the Rules for provision of public service "Issuance of conclusions of state environmental expertise for objects of categories II, III and IV ", in accordance with Appendix 7 to this order;
8) the Rules for provision of public service "Issuance of a license for export and import of hazardous waste", in accordance with Appendix 8 to this order;
9) the Rules for provision of public service "Provision of environmental information", in accordance with Appendix 9 to this order.
Footnote. Paragraph 1, as amended by the order of the acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 19.07.2021 № 258 (shall be enforced sixty calendar days after the day of its first official publication); dated 15.11.2023 № 323 (shall enter into force upon expiry of ten calendar days after the date of its first official publication).2. To recognize as invalid some orders of the Minister of Energy of the Republic of Kazakhstan, in accordance with Appendix 10 to this order.
3. The Committee for environmental regulation and control of the Ministry of Ecology, Geology and Natural Resources 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 Ecology, Geology and Natural Resources of the Republic of Kazakhstan after its official publication;
3) within ten working days after the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, submission of information to the Department of Legal Service of the Ministry of Ecology, Geology and Natural Resources 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 ecology, geology and natural resources of the Republic of Kazakhstan is authorized to control the execution of this order.
5. This order comes into effect upon the expiration of twenty one calendar days after the day of its first official publication.
|
Minister of ecology, geology and natural resources of the Republic of Kazakhstan |
M. Mirzagaliyev |
"AGREED"
Ministry of national economy of the
Republic of Kazakhstan
"AGREED"
Ministry of digital development,
innovations and aero-space industry of the
Republic of Kazakhstan
| Appendix 1 to the order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan dated June 2, 2020 № 130 |
Rules for provision of public service "Issuance of a license to perform works and provide services in the field of environmental protection" Chapter 1. General provisions
1. These Rules for provision of public service "Issuance of a license for performance of works and provision of services in the field of environmental protection" (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" ( hereinafter referred to as the Law) and determine the procedure for provision of the public service "Issuance of a license for performance of work and provision of services in the field of environmental protection" (hereinafter referred to as the public service).
2. The public service is provided by the Committee for environmental regulation and control of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan (hereinafter referred to as the service provider).
3. The public service is provided to individual and (or) legal entities (hereinafter referred to as the service recipient).
Chapter 2. Procedure for provision of public service
4. To receive a public service, the service recipient sends to the service provider through the web portal of the “electronic government” www.egov.kz (hereinafter referred to as the portal):
1) to obtain a license and (or) annex to a license:
an application of an individual for obtaining a license and (or) annex to a license in electronic form, certified by an electronic digital signature (hereinafter - EDS) of the service recipient, in the form in accordance with Appendix 1 to these Rules;
an application of a legal entity for obtaining a license and (or) annex to a license in electronic form, certified by the EDS of the service recipient, in the form in accordance with Appendix 2 to these Rules;
an electronic form of information on compliance with qualification requirements for performance of work and provision of services in the field of environmental protection in the form, in accordance with Appendix 3 to these Rules;
2) to reissue the license and (or) annex to the license:
an application by an individual for reissuing a license and (or) annex to a license in the form of an electronic document certified by the EDS of the service recipient in electronic form, certified by the EDS of the service recipient, in the form in accordance with Appendix 4 to these Rules;
an application of a legal entity for re-issuing a license and (or) annex to a license in electronic form, certified by the EDS of the service recipient, in the form in accordance with Appendix 5 to these Rules.
The list of basic requirements for provision of public services, including the characteristics of the process, the form, 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 public service standard "Issuance of a license to perform work and provide services in the field of environmental protection" in accordance with Appendix 6 to these Rules.
5. The service provider's office registers the applications with the attached documents on the day of receipt on the portal and sends to the executive of the service provider.
The service provider receives information about the identity documents of the service recipient, about state registration (re-registration) of a legal entity, about registration as an individual entrepreneur, a document confirming payment from the relevant state information systems through the gateway of the "electronic government".
To obtain a license and (or) an annex to a license:
the executive of the service provider checks the completeness of the submitted documents specified in subparagraph 1) of paragraph 4 of these Rules within 2 (two) working days from the date of registration of the application;
in the event that the submitted documents and (or) expired documents are found to be incomplete, the service provider's executive prepares a reasoned refusal to further consider the application;
after signing by the service provider, the service recipient receives a reasoned refusal, signed by the EDS of the head of the service provider, on the portal in the personal account in the form of an electronic document; in the event that the completeness of the submitted documents is established, the service provider's executive sends the documents to the territorial unit at the location of the service recipient to verify the applicant's compliance with the licensing requirements;
the territorial unit within 5 (five) working days checks the submitted documents for compliance with the requirements of the order of the Minister of Energy of the Republic of Kazakhstan dated January 14, 2015 № 6 "On approval of qualification requirements for a licensed type of activity in the field of environmental protection and the list of documents confirming compliance with them" (registered in the Register of state registration of regulatory legal acts under № 10333, published on March 20, 2015 in the information and legal system "Adilet") and submission of a conclusion on its results;
the service provider's executive, after receiving a conclusion from the territorial unit, prepares, within 2 (two) working days, a license and (or) annex to a license to perform work and provide services in the field of environmental protection, or a reasoned refusal to provide the public service.
after signing by the service provider, the service recipient receives a license and (or) annex to the license to perform work and provide services in the field of environmental protection, or a reasoned refusal to provide the public service, signed by the EDS of the head of the service provider, on the portal in the personal account in the form of an electronic document.
To reissue a license and (or) annex to a license:
reissuance of the license and (or) annex to the license is considered within 3 (three) working days;
the service provider's executive, within 2 (two) working days from the date of receipt of the service recipient's documents, verifies the completeness of the submitted documents specified in subparagraph 2) of paragraph 4 of these Rules;
in the event that the submitted documents and (or) expired documents are found to be incomplete, the service provider's executive prepares a reasoned refusal to further consider the application;
after signing by the service provider, the service recipient receives a reasoned refusal, signed by the EDS of the head of the service provider, on the portal in the personal account in the form of an electronic document;
if the completeness of the submitted documents is established, the executive considers them for compliance with the Law of the Republic of Kazakhstan dated May 16, 2014 "On permits and notifications" (hereinafter - the Law on permits and notifications) and prepares a decision;
after signing by the service provider, the service recipient receives a reissued license and (or) annex to the license to perform work and provide services in the field of environmental protection, or a reasoned refusal to provide a public service, signed by the EDS of the head of the service provider, on the portal in the personal account in the form of an electronic document.
6. Grounds for refusal to provide public service are:
1) engagement in an activity is prohibited for the service recipient in accordance with subparagraph 1) of paragraph 1 of article 32 of the Law of the Republic of Kazakhstan dated May 16, 2014 "On permits and notifications";
2) non-compliance of the service recipient with the qualification requirements;
3) the license fee for the right to engage in certain types of activities has not been paid, in the case of an application for issuing a license for the type of activity; 4) establishment of the inaccuracy of the documents submitted by the service recipient for receiving public service, and (or) the data (information) contained therein;
5) in relation to the service recipient, there is a court decision (verdict) that has entered into legal force on prohibition of activities or certain types of activities requiring the receipt of a certain public service;
6) in relation to the service recipient there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to the receipt of a public service.
7. The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of public service 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.
Chapter 3. Procedure for appealing decisions, actions (inaction) of service providers and (or) their officials on the issues of provision of public services
8. To appeal the decisions, actions (inaction) of the service provider and (or) its officials on the issues of provision of public services, the complaint is submitted to the name of the service provider's management at the address specified in paragraph 7 of Appendix 6 to these Rules.
The complaint is submitted in writing by mail, through the portal, or on purpose through the office of the service provider on weekdays.
The complaint contains:
1) an individual - his last name, first name, patronymic (if any), postal address, contact phone number;
2) a legal entity - its name, postal address, outgoing number and date.
The appeal is signed by the service recipient.
Confirmation of acceptance of the complaint is its registration (stamp, incoming number and date) in the office of the service provider, indicating the name and initials of the person who accepted the complaint, the time and place for receiving a response to the complaint filed.
When contacting through the portal, information on the appeal procedure can be obtained by calling the Unified Contact Center at 1414, 8 800 080 7777.
When sending a complaint through the portal, information about the appeal is available to the service recipient in the "personal account", which is updated during the processing of the appeal by the service provider (notes on delivery, registration, execution, response to consider or refusal to consider).
The complaint of the service recipient in accordance with paragraph 2 of Article 25 of the Law is subject to consideration:
By a service provider directly providing a public service within 5 (five) working days from the date of its registration;
by the authorized body for assessment and control over the quality of provision of public services within 15 (fifteen) working days from the date of its registration. The term for consideration of the complaint by the service provider, the authorized body for assessment and control over the quality of provision of public services in accordance with paragraph 4 of Article 25 of the Law is extended by no more than 10 (ten) working days if it is necessary:
1) to conduct additional study or verification of a complaint or verification with a visit to the place;
2) to obtain additional information.
In the event of an extension of the period for considering a complaint, an official authorized to consider complaints within 3 (three) working days from the date of extension of the period for considering a complaint notifies in writing (when filing a complaint on paper) or electronically (when filing a complaint in electronic form) the applicant who filed the complaint about the extension of the period for considering the complaint, indicating the reasons for the extension.
9. In cases of disagreement with the results of the decision of the service provider, the service recipient applies to the court in accordance with subparagraph 6) of paragraph 1 of Article 4 of the Law.
Chapter 4. Other requirements taking into account the specifics of provision of public service
10. The service recipient has the opportunity to receive information about the procedure and status of the provision of public service in remote access mode through the "personal account" of the portal, as well as a unified contact center for provision of public services.
11. Contact numbers of reference services on provision of public service: the Unified Contact Center: 1414, 8 800 080 7777.
| Appendix 1 to the Rules for public service "Issuance of a license for performance of work and provision of services in the field of environmental protection" |
|
| Form |
Application of an individual for obtaining a license and (or) annex to a license
To _______________________________________________________________________
(full name of the licensor)
from ______________________________________________________________________
(surname, name, patronymic (if any) of an individual, individual identification number)
I ask to issue a license and (or) annex to the license to implement
__________________________________________________________________________
(indicate the full name of the type of activity and (or) subtype (s) of activity)
Residence address of an individual ______________________________________________
(postal code, region, city, district, locality, street name, house / building №)
Email _____________________________________________________________________
Phone numbers _____________________________________________________________
Fax _______________________________________________________________________
Bank account _______________________________________________________________
(account number, name and location of the bank)
Address of the object of implementation of the activity or actions (operations)
__________________________________________________________________________
(postal code, region, city, district, locality, street name, house / building № (stationary premises)
_____ sheets attached.
It is hereby confirmed that:
all specified data are official contacts and any information can be sent to them
on the issues of issuing or refusing to issue a license and (or) annex to a license;
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 limited access constituting the secret protected
by law, contained in information systems when issuing a license and (or) annex to a license.
Individual _________________________________________________________________
(surname, name, patronymic (if any)
Date of filling: "__" _______20__
Place for electronic digital signature
| Appendix 2 to the Rules for public service "Issuance of a license for performance of work and provision of services in the field of environmental protection" |
|
| Form |
Application of a legal entity for obtaining a license and (or) annex to a license
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 representative office of a foreign legal entity - if the legal entity does not have a business identification number)
I ask to issue a license and (or) annex to the license to implement
__________________________________________________________________________
__________________________________________________________________________
(indicate the full name of the type of activity and (or subtype (s) of activity)
Legal entity address __________________________________________________________
(postal code, country (for a foreign legal entity, region, city, district, settlement, street name, house / building № (stationary premises)
Email _____________________________________________________________________
Phone numbers _____________________________________________________________
Fax _______________________________________________________________________
Bank account _______________________________________________________________
(account number, name and location of the bank)
the address of the object of implementation of activity or actions (operations) _______________________________________________________________________________.
(postal code, region, city, district, locality, street name, house / building № (stationary premises)
_____ sheets attached.
It is hereby confirmed that:
all specified data are official contacts and any information can be sent to them
on the issues of issuing or refusing to issue a license and (or) annex to a license;
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 limited access constituting the secret protected
by law, contained in information systems when issuing a license and (or) annex to a license.
I hereby confirm that I am responsible in accordance with the legislation of the Republic of Kazakhstan for the accuracy of the information provided (filled in) by me.
Manager __________________________________________________________________
(surname, name, patronymic (if any)
Date of filling: "___" ______20
Place for electronic digital signature
| Appendix 3 to the Rules for public service "Issuance of a license for performance of work and provision of services in the field of environmental protection" |
|
| Form |
Information on compliance with qualification requirements for performance of work and provision of services in the field of environmental protection
1. To activities on environmental design, regulation and (or) environmental audit
for category I of economic and other activities for individuals:
1) relevant higher education in the profile:
name of specialty and qualifications;
number and date of issue of the diploma;
place of issue of the diploma;
name of educational institution that issued the diploma;
number and date of the certificate of recognition and nostrification of educational documents,
issued by foreign educational organizations
________________________________________________________________________;
2) practical experience in the field of environmental protection for at least three years, including in the field
of environmental design, regulation for at least one year for environmental audit activities:
work experience in the field of environmental protection;
work experience in the field of environmental design, regulation:
_________________________________________________________________________;
place of work;
position held ______________________________________________________________;
number and date of the order for employment and (or) number and date of the individual labor contract
_________________________________________________________________________;
3) an accredited specialized laboratory or an agreement on performance of analytical work (services)
by organizations with accredited laboratories:
availability of own laboratory;
number and date of the accreditation certificate;
scope of accreditation;
the body that issued the accreditation certificate;
place of issue of the accreditation certificate;
validity period of the accreditation certificate;
in the absence of own laboratory:
agreement on performance of analytical work (services) by organizations with accredited laboratories:
_______________________________________________________________________;
name of the organization that has the laboratory;
number and date of conclusion of the contract;
number and date of the accreditation certificate;
scope of accreditation;
the body that issued the accreditation certificate;
place of issue of the accreditation certificate;
validity period of the accreditation certificate;
4) a program package for calculating standards for emissions into the environment:
name of the program package;
program package manufacturer.
2. For activities on environmental design, regulation and (or) environmental audit
for category I of economic and other activities for legal entities:
1) higher education (for the head):
name of specialty and qualifications;
number and date of issue of the diploma;
place of issue of the diploma;
name of educational institution that issued the diploma;
number and date of the certificate of recognition and nostrification of educational documents issued by foreign educational organizations
_________________________________________________________________________;
number and date of the order for hiring as a manager and (or) number and date of the individual labor contract
_________________________________________________________________________;
2) at least two specialists working in the staff of this legal entity, having an appropriate higher
profile education with at least three years of practical experience in the field of environmental protection:
surname, name, patronymic (if any) of the specialist;
position held;
work experience in the field of environmental protection;
positions held;
number and date of the order for employment and (or) number and date of the individual labor contract
_________________________________________________________________________;
name of specialty and qualifications ____________________________________________;
number and date of issue of the diploma _________________________________________;
place of issue of the diploma __________________________________________________;
name of educational institution that issued the diploma _____________________________;
number and date of the certificate of recognition and nostrification of educational documents issued by foreign educational organizations
_________________________________________________________________________;
for an environmental audit: at least two environmental auditors employed by this legal entity:
surname, name, patronymic (if any) of the environmental auditor
_________________________________________________________________________;
position held ______________________________________________________________;
number and date of the order for employment and (or) number and date of the individual labor contract
_________________________________________________________________________;
number and date of issue of the license indicating the type of activity (environmental audit)
_________________________________________________________________________;
3) an accredited specialized laboratory or an agreement on performance of analytical work (services)
by organizations that have the indicated laboratories:
availability of own laboratory
________________________________________________________________________;
number and date of the accreditation certificate ___________________________________;
scope of accreditation _______________________________________________________;
the body that issued the accreditation certificate __________________________________;
place of issue of the accreditation certificate _____________________________________;
validity period of the accreditation certificate ____________________________________;
in the absence of own laboratory:
name of the organization that has the laboratory __________________________________;
number and date of conclusion of the contract ___________________________________;
number and date of the accreditation certificate
________________________________________________________________________;
scope of accreditation _______________________________________________________;
the body that issued the accreditation certificate __________________________________;
place of issue of the accreditation certificate ______________________________________;
validity period of the accreditation certificate ____________________________________;
4) a program package for calculating standards for emissions into the environment:
name of the program package _________________________________________________;
program package manufacturer ________________________________________________;
| Appendix 4 to the Rules for public service "Issuance of a license for performance of work and provision of services in the field of environmental protection" |
|
| Form |
Application of an individual for re-issuing a license and (or) annex to a license
To _______________________________________________________________________
(full name of the licensor)
from ______________________________________________________________________
(last name, first name, patronymic (if any) of an individual, individual identification number)
I ask to reissue the license and (or) annex to the license (underline the necessary)
№ _________ dated "_________" 20___, issued _____________ (number (s) of the license and (or) annex (s) to the license,
date of issue, _______________________________________________________________
name of the licensor who issued the license and (or)
__________________________________________________________________________
annex (s) to the license) for implementation
__________________________________________________________________________
(full name of the type of activity and (or) subtype (s) of activity) for the following reason (s) (indicate in the appropriate cell X):
1) change of surname, name, patronymic (if any) of an individual licensee
_________________________________________________________________________;
2) re-registration of an individual entrepreneur-licensee, change of his name
_________________________________________________________________________;
3) re-registration of an individual entrepreneur-licensee, change of his legal address
_________________________________________________________________________;
4) alienation by the licensee of the license issued under the class "permits issued for objects", together with the object in favor of third parties in cases where the alienation of the license is provided for by Appendix 1 to the Law of the Republic of Kazakhstan "On permits and notifications" dated May 16, 2014
_________________________________________________________________________;
5) change of the address of the location of an object without its physical movement for a license issued under the class "permits issued to objects" or for annexes to a license indicating objects
_________________________________________________________________________;
6) the presence of a requirement for re-registration in the laws of the Republic of Kazakhstan
_________________________________________________________________________;
7) change of the name of the type of activity _______________________________________;
8) change of the name of the subtype of activity ___________________________________;
Residence address of an individual
_________________________________________________________________________
(postal code, region, city, district, locality, street name, house / building №)
Email ________________________________________________________________;
Phone numbers ________________________________________________________;
Fax ____________________________________________________________;
Bank account ____________________________________________________________;
(account number, name and location of the bank) address of the object of implementation of activity or actions (operations)
________________________________________________________________________.
(postal code, region, city, district, locality, street name, house / building № (stationary premises)
_____ sheets attached.
It is hereby confirmed that:
all specified data are official contacts and any information can be sent to them
on the issues of issuance or refusal to issue a license and (or) annex to the license;
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 limited access, constituting a secret protected by law, contained in information systems, when issuing a license and (or) annex to the license.
Individual
_________________________________________________________________________;
(surname, name, patronymic (if any)
Date of filling: "___" _____20
Place for electronic digital signature
| Appendix 5 to the Rules for public service "Issuance of a license for performance of work and provision of services in the field of environmental protection" |
|
| Form |
Application of a legal entity for re-issuing a license and (or) annex to a license
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 representative office of a foreign legal entity - if the legal entity does not have a business identification number)
I ask to reissue the license and (or) annex (s) to the license (underline the necessary)
№ __________ dated "___" _________ 20 ___, issued ____________________________
(number (s) of the license and (or) annex (s) to the license, date of issue,
name of the licensor who issued the license and (or) annex (s) to the license)
For implementation of _____________________________________________________
(full name of the type of activity and (or) subtype (s) of activity)
on the following basis (indicate in the appropriate X cell):
1) reorganization of the legal entity-licensee in accordance with the procedure specified in Article 34 of the Law of the Republic of Kazakhstan "On permits and notifications" dated May 16, 2014 (hereinafter referred to as the Law) by (indicate in the appropriate X cell):
merger _________________________________________________________;
reorganization __________________________________________________;
joining ________________________________________________________;
separation _______________________________________________________;
division
2) change of the name of the legal entity-licensee ____________;
3) change of the location of the legal entity-licensee _________;
4) alienation by the licensee of the license issued under the class "permits issued for objects", together with the object in favor of third parties in cases where the alienation of the license is provided for by Appendix 1 to the Law _____;
5) change of the address of the location of the object without its physical movement for a license issued under the class "permits issued for objects" or for annexes to a license indicating objects
_________________________________________________________________________;
6) the presence of a requirement for re-registration in the laws of the Republic of Kazakhstan
_________________________________________________________________________;
7) change of the name of the type of activity _____________________________________;
8) change of the name of the subtype of activity ___________________________________;
Legal entity address _________________________________________________________;
(country - for a foreign legal entity, postal code, region, city, district, settlement, street name, house / building № (stationary premises)
Email ___________________________________________________________________;
Phone numbers ____________________________________________________________;
Fax _____________________________________________________________________;
Bank account _____________________________________________________________;
(account number, name and location of the bank)
Address of the object of implementation of the activity or actions (operations)
_________________________________________________________________________.
(postal code, region, city, district, locality, street name, house / building № (stationary premises)
______ sheets attached.
It is hereby confirmed that:
all specified data are official contacts and any information on the issuance or refusal to issue a license and (or) annex to the 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 limited access, constituting a secret protected by law, contained in information systems, when issuing a license and (or) annex to the license.
Manager _______________________________________________________________;
(surname, name, patronymic (if any)
Date of filling: "__" ________20
Place for electronic digital signature
| Appendix 6 to the Rules for public service "Issuance of a license for performance of work and provision of services in the field of environmental protection" |
Public service standard "Issuance of a license to perform work and provide services in the field of environmental protection" | ||
1 | Service provider name | Committee for environmental regulation and control of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan. |
2 | Methods of provision of a public service | Through the web portal of the "electronic government" www.egov.kz. |
3 | Term for provision of a public service |
From the moment of registration of the application by the service provider: |
4 | Form of provision of a public service | Electronic (fully automated). |
5 | Result of provision of a public service |
License and (or) annex to the license, reissuance of a license and (or) annex to the license for performance of work and provision of services in the field of environmental protection, or a reasoned refusal to provide public service in the cases and on the grounds provided for in paragraph 9 of this public service standard. |
6 | Amount of payment charged from the service recipient when rendering a public service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan |
The public service is provided on a paid basis to service recipients. |
7 | Schedule |
The service provider - daily from 9:00 to 18:30, except weekends and holidays. Days off: Saturday and Sunday. |
8 | List of documents required for provision of a public service when the service recipient applies |
To obtain a license and (or) an annex to a license: |
9 | Grounds for refusal to provide a public service |
1) engaging in an activity is prohibited for the service recipient in accordance with subparagraph 1) of paragraph 1 of article 32 of the Law of the Republic of Kazakhstan dated May 16, 2014 "On permits and notifications"; |
| Appendix 2 to the order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan dated June 2, 2020 № 130 |
Rules for provision of public service "Issuance of a license for import into the territory of the Republic of Kazakhstan from countries that are not members of the Customs Union, and export from the territory of the Republic of Kazakhstan to these countries of ozone-depleting substances and products containing them" Chapter 1. General provisions
1. These Rules for provision of public service "Issuance of a license for import into the territory of the Republic of Kazakhstan from countries that are not members of the Customs Union, and export from the territory of the Republic of Kazakhstan to these countries of ozone-depleting substances and products containing them" (hereinafter referred to as 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" (hereinafter - the Law) and determine the procedure for provision of public service "Issuance of a license for import into the territory of the Republic of Kazakhstan from countries that are not members of the Customs Union, and export from the territory of the Republic of Kazakhstan to these countries of ozone-depleting substances and products containing them” (hereinafter - the public service).
2. The public service is provided by the Committee for environmental regulation and control of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan (hereinafter referred to as the service provider).
3. The public service is provided to individual and (or) legal entities (hereinafter referred to as the service recipient).
Chapter 2. Procedure for provision of public service
4. To receive a public service, the service recipient sends to the service provider through the web portal of the “electronic government” www.egov.kz (hereinafter referred to as the portal):
to obtain a license and (or) annex to a license:
an application for obtaining a license and (or) annex to a license for the export of certain types of goods in electronic form, certified by an electronic digital signature (hereinafter - EDS) of the service recipient, in the form in accordance with Appendix 1 to these Rules;
an application for obtaining a license and (or) annex to a license for the import of certain types of goods in electronic form, certified by the EDS of the service recipient, in the form in accordance with Appendix 2 to these Rules;
an electronic copy of the agreement (contract) on provision of intermediary services (if an intermediary acts as an applicant);
an electronic copy of the certificate of conformity or a written notification of the manufacturer (producer) that the ozone-depleting substances and (or) products containing ozone-depleting substances produced by him meet the requirements of the documents in accordance with which they are manufactured;
an electronic copy of the current cargo insurance policy or other document provided for by the legislation of a member state of the Union, confirming the provision by the applicant importing ozone-depleting substances and (or) products containing ozone-depleting substances, of guarantees in case of damage to human health and the environment;
in case of import of reclaimed and (or) recycled ozone-depleting substances, an electronic copy of the agreement (contract) with the organization on restoration of ozone-depleting substances (submitted if the restoration is carried out not by the applicant) and confirmation of the availability of the installation in the organization that plans to restore ozone-depleting substances that meets the established requirements;
in case of import of reclaimed and (or) recycled ozone-depleting substances, an electronic copy of the agreement (contract) with the organization for destruction of ozone-depleting substances (submitted if the destruction is carried out not by the applicant) and confirmation that the organization that plans to carry out the destruction of ozone-depleting substances has an installation for destruction in accordance with the technologies for destruction of ozone-depleting substances approved by the Decisions of the Parties to the Montreal Protocol;
in case of importing ozone-depleting substances for use as raw materials, an electronic copy of the applicant's letter confirming the use of ozone-depleting substances exclusively as raw materials for production of ozone-friendly chemicals, or a copy of an agreement (contract) with an organization that will use ozone-depleting substances exclusively as raw materials for production of ozone-friendly chemical substances;
an electronic copy of information confirming that the movement of ozone-depleting substances is carried out in reusable containers, if the legislation of a member state of the Union establishes a ban on the import (export) of ozone-depleting substances in single-use containers.
The list of basic requirements for provision of public service, including the characteristics of the process, the form, 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 public service standard "Issuance of a license to import into the territory of the Republic of Kazakhstan from countries not included in the Customs union, and export from the territory of the Republic of Kazakhstan to these countries of ozone-depleting substances and products containing them" in accordance with Appendix 3 to these Rules.
5. Office of the service provider registers the applications with the attached documents on the day of receipt on the portal and sends to the executive of the service provider.
The service provider receives information about the identity documents of the service recipient, about state registration (re-registration) of a legal entity, about registration as an individual entrepreneur, a document confirming payment from the relevant state information systems through the gateway of the "electronic government".
When issuing a license and (or) annex to a license for the export or import of certain types of goods:
the executive verifies the completeness of the submitted documents within 2 (two) working days from the date of registration of the application;
in the event that the submitted documents and (or) expired documents are found to be incomplete, the service provider's executive prepares a reasoned response to further consider the application;
after signing by the service provider, the service recipient receives a reasoned response to further consider the application, signed with an electronic digital signature (hereinafter - EDS) of the head of the service provider, on the portal in the personal account in the form of an electronic document;
in case of establishing the completeness of the submitted documents, the executive considers them within 4 (four) working days for compliance with the requirements established by paragraph 6 of these Rules; in case of their compliance, the executive prepares a license for the import into the territory of the Republic of Kazakhstan from countries that are not members of the Customs Union in accordance with the limits (quotas) of consumption of ozone-depleting substances for the period of the corresponding year, and export from the territory of the Republic of Kazakhstan to these countries of ozone-depleting substances and products containing them within 1 (one) working day;
after signing by the service provider, the service recipient receives a license to import into the territory of the Republic of Kazakhstan from countries that are not members of the Customs Union in accordance with the limits (quotas) of consumption of ozone-depleting substances for the corresponding year, and export from the territory of the Republic of Kazakhstan to these countries of ozone-depleting substances and products containing them, signed with an EDS of the head of the service provider, on the portal in the personal account in the form of an electronic document;
in the event of their discrepancy, the executive prepares a reasoned response on refusal to provide public service;
after signing by the service provider, the service recipient receives a reasoned refusal to provide the public service, signed by the EDS of the head of the service provider, on the portal in the personal account in the form of an electronic document.
6. The grounds for refusal to provide a public service upon obtaining a license and (or) annex to a license are:
1) engaging in an activity is prohibited for the service recipient in accordance with subparagraph 1) of paragraph 1 of article 32 of the Law of the Republic of Kazakhstan dated May 16, 2014 "On permits and notifications";
2) the license fee has not been paid;
3) the service recipient does not meet the qualification requirements established by order of the Minister of National Economy of the Republic of Kazakhstan dated January 30, 2015 № 67 "On approval of qualification requirements for licensing the export and import of goods, the list of documents confirming compliance with them, application forms for obtaining a license and (or) annexes to a license, forms of licenses and (or) annexes to a license” (registered in the Register of state registration of regulatory legal acts under № 11074, published on June 12, 2015 in the information and legal system “Adilet”);
4) in relation to the service recipient there is a court decision (verdict) that has entered into legal force on suspension or prohibition of the declared type of activity;
5) on the basis of the recommendation of the bailiff, the court temporarily prohibited issuance of a license to the service recipient;
6) the absence of a quota for consumption of ozone-depleting substances, established by the authorized body in the field of environmental protection, in accordance with Article 313 of the Environmental Code of the Republic of Kazakhstan dated January 9, 2007;
7) establishing the inaccuracy of the documents submitted by the service recipient for receiving public service, and (or) the data (information) contained therein.
7. The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of public service 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.
Chapter 3. Procedure for appealing decisions, actions (inaction) of service providers and (or) their officials on the issues of provision of public services
8. To appeal the decisions, actions (inaction) of the service provider and (or) its officials on the issues of provision of public services, the complaint is submitted to the name of the service provider's management at the address specified in paragraph 7 of Appendix 6 to these Rules.
The complaint is submitted in writing by mail, through the portal, or on purpose through the office of the service provider on weekdays.
The complaint contains:
1) an individual - his surname, name, patronymic (if any), postal address, contact phone number;
2) a legal entity - its name, postal address, outgoing number and date. The appeal is signed by the service recipient.
Confirmation of acceptance of the complaint is its registration (stamp, incoming number and date) in the office of the service provider, indicating the name and initials of the person who accepted the complaint, the time and place for receiving a response to the complaint filed.
When contacting through the portal, information on the appeal procedure can be obtained by calling the Unified Contact Center at 1414, 8 800 080 7777.
When sending a complaint through the portal, information about the appeal is available to the service recipient in the "personal account", which is updated during the processing of the appeal by the service provider (notes on delivery, registration, execution, response to consider or refusal to consider).
The complaint of the service recipient in accordance with paragraph 2 of Article 25 of the Law is subject to consideration:
by a service provider directly providing a public service within 5 (five) working days from the date of its registration;
by the authorized body for assessment and control over the quality of provision of public services within 15 (fifteen) working days from the date of its registration.
The term for consideration of the complaint by the service provider, the authorized body for assessment and control over the quality of provision of public services in accordance with paragraph 4 of Article 25 of the Law is extended by no more than 10 (ten) working days if it is necessary:
1) to conduct additional study or verification of a complaint or verification with a visit to the place;
2) to obtain additional information.
In the event of an extension of the period for considering a complaint, an official authorized to consider complaints within 3 (three) working days from the date of extension of the period for considering a complaint notifies in writing (when filing a complaint on paper) or electronically (when filing a complaint in electronic form) the applicant who filed the complaint about the extension of the period for considering the complaint, indicating the reasons for the extension.
9. In cases of disagreement with the results of the decision of the service provider, the service recipient applies to the court in accordance with subparagraph 6) of paragraph 1 of Article 4 of the Law.
Chapter 4. Other requirements taking into account the specifics of provision of public service
10. The service recipient has the opportunity to receive information about the procedure and status of the provision of public service in remote access mode through the "personal account" of the portal, as well as a unified contact center for provision of public services. 11. Contact numbers of reference services on the provision of public services: the Unified Contact Center: 1414, 8 800 080 7777.
| Appendix 1 to the Rules for public service “Issuance of a license for import into the territory of the Republic of Kazakhstan from countries that are not members of the Customs Union, and export from the territory of the Republic of Kazakhstan to these countries of ozone-depleting substances and products containing them” |
|
| Form |
Application for issuance of a license for export of certain types of goods
1. Application № | 2. Validity period from "__" ____20 .. to "___" _____20 .. | |
3. License type |
4. Contract | |
5. Applicant | 6. Buyer | |
7. Country of destination | 8. Buyer's country | |
9. Contract currency | 10. Cost | 11. Statistical cost |
12. Country of origin | 13. Quantity | 14. Unit of measurement |
15. Product code for the unified commodity nomenclature of foreign economic activity and its description | ||
16. Additional information | ||
17. Grounds for issuing a license |
18. Authorized person of the applicant | |
| Annex to the application to obtain a license to export certain types of goods |
|
| Form |
The authorized state executive body of the member state of the Customs Union | |||
Annex to the license № dated | |||
№ | Description of goods | Quantity | Unit of measurement |
Cost | |||
№ | Description of goods | Quantity | Unit of measurement |
Cost | |||
№ | Description of goods | Quantity | Unit of measurement |
Cost | |||
№ | Description of goods | Quantity | Unit of measurement |
Cost | |||
№ | Description of goods | Quantity | Unit of measurement |
Cost | |||
№ | Description of goods | Quantity | Unit of measurement |
Cost | |||
№ | Description of goods | Quantity | Unit of measurement |
Cost | |||
№ | Description of goods | Quantity | Unit of measurement |
Cost | |||
Total sheets_____, sheet № |
18. Authorized person | ||
| Appendix 2 to the Rules for public service “Issuance of a license for import into the territory of the Republic of Kazakhstan from countries that are not members of the Customs Union, and export from the territory of the Republic of Kazakhstan to these countries of ozone-depleting substances and products containing them” |
|
| Form |
Application for issuance of a license to import certain types of goods
1. Application № | 2. Validity period from "__" ____20 .. to "___" _____20 .. | |
3. License type |
4. Contract | |
5. Applicant | 6. Buyer | |
7. Country of destination | 8. Buyer's country | |
9. Contract currency | 10. Cost | 11. Statistical cost |
12. Country of origin | 13. Quantity | 14. Unit of measurement |
15. Product code for the unified commodity nomenclature of foreign economic activity and its description | ||
16. Additional information | ||
17. Grounds for issuing a license |
18. Authorized person of the applicant | |
| Annex to the application to obtain a license to import certain types of goods |
|
| Form |
The authorized state executive body of the member state of the Customs Union | |||
Annex to the license № dated | |||
№ | Description of goods | Quantity | Unit of measurement |
Cost | |||
№ | Description of goods | Quantity | Unit of measurement |
Cost | |||
№ | Description of goods | Quantity | Unit of measurement |
Cost | |||
№ | Description of goods | Quantity | Unit of measurement |
Cost | |||
№ | Description of goods | Quantity | Unit of measurement |
Cost | |||
№ | Description of goods | Quantity | Unit of measurement |
Cost | |||
№ | Description of goods | Quantity | Unit of measurement |
Cost | |||
№ | Description of goods | Quantity | Unit of measurement |
Cost | |||
Total sheets_____, sheet № |
18. Authorized person | ||
| Appendix 3 to the Rules of public service “Issuance of a license for import into the territory of the Republic of Kazakhstan from countries that are not members of the Customs Union, and export from the territory of the Republic of Kazakhstan to these countries of ozone-depleting substances and products containing them” |
Public service standard "Issuance of a license for import into the territory of the Republic of Kazakhstan from countries that are not members of the Customs Union, and export from the territory of the Republic of Kazakhstan to these countries of ozone-depleting substances and products containing them" | ||
1 | Service provider name | Committee for environmental regulation and control of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan. |
2 | Methods of provision of a public service | Through the web portal of the "electronic government" www.egov.kz. |
3 | Term for provision of a public service |
From the moment of registration of the application by the service provider: |
4 | Form of provision of a public service | Electronic (fully automated). |
5 | Result of provision of a public service |
A license to import into the territory of the Republic of Kazakhstan from countries that are not members of the Customs Union in accordance with the limits (quotas) of consumption of ozone-depleting substances for the period of the corresponding year, and export from the territory of the Republic of Kazakhstan to these countries of ozone-depleting substances and products containing them, or a reasoned refusal to provide a public services in cases and on the grounds provided for in paragraph 9 of this public service standard. |
6 | Amount of payment charged from the service recipient when rendering a public service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan |
The public service is provided on a paid basis to service recipients. |
7 | Schedule |
The service provider - daily from 9:00 to 18:30, except weekends and holidays. |
8 | List of documents required for provision of a public service when the service recipient applies |
To obtain a license and (or) an annex to a license: |
9 | Grounds for refusal to provide a public service |
1) engaging in an activity is prohibited for the service recipient in accordance with subparagraph 1) of paragraph 1 of article 32 of the Law of the Republic of Kazakhstan dated May 16, 2014 "On permits and notifications"; |
| Appendix 3 to the order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan dated June 2, 2020 № 130 |
Rules
for provision of public service "Issuance of a permit for works using ozone-depleting substances,
repair, installation, maintenance of equipment, containing ozone-depleting substances"
Footnote. Appendix 3 has become invalid by the order of the acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 19.07.2021 № 258 (shall be enforced sixty calendar days after the day of its first official publication);
| Appendix 4 to the order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan dated June 2, 2020 № 130 |
Rules for rendering the public service
"Issuance of conclusion on the results of environmental impact assessment"
Footnote. Appendix 4 - as amended by the Order of the Minister of Ecology and Natural Resources of the Republic of Kazakhstan dated 15.11.2023 № 323 (effective ten calendar days after the date of its first official publication).
Chapter 1. General provisions
1. These Rules for rendering the public service “Issuance of the conclusion on the results of environmental impact assessment” (hereinafter referred to as the Rules) have been 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 order of rendering the public service “Issuance of the conclusion on the results of environmental impact assessment” (hereinafter referred to as the public service).
2. The public service shall be rendered by the Committee for Environmental Regulation and Control of the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan (hereinafter referred to as the Committee) and its territorial subdivisions (hereinafter referred to as the service provider).
Distribution of functions and powers between the authorized body in the field of environmental protection and territorial subdivisions shall be carried out in accordance with the order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated September 13, 2021 № 370 (registered in the Register of State Registration of Regulatory Legal Acts under № 24385) “On approval of distribution of functions and powers between the authorized body in the field of environmental protection and territorial subdivisions”.
3. The public service shall be rendered to individuals and (or) legal entities (hereinafter referred to as the service recipient).
4. The public service shall be rendered through the web portal “e-government” www.egov.kz (hereinafter referred to as the Portal).
The Committee shall, within 3 (three) working days from the date of amendment of the Rules, update the information on the procedure of rendering the public service and send it to the unified contact centre and to the operator of the information and communication infrastructure of “e-government”.
Chapter 2: Procedure for rendering a public service
5. To obtain a public service, the service recipient shall send to the service provider through the Portal an application in the form, according to Annex 1 to these Rules, with the attachment of documents specified in paragraph 8 of the List of basic requirements for the provision of public service “Issuance of the conclusion on the results of environmental impact assessment” (hereinafter referred to as the List).
Name of the public service, name of the service provider, methods of rendering of the public service, term of rendering of the public service, form of rendering of the public service, result of rendering of the public service, amount of the fee charged from the service-recipient at rendering of the public service, and methods of its charging in cases stipulated by the legislation of the Republic of Kazakhstan, work schedule of the service provider, list of documents and information required from the service-recipient for rendering of the public service, grounds for refusal to render the public service.
6. The employee of the office of the service provider shall register the application with attached documents on the day of its receipt and shall send it to the head of the service provider, the head of the service provider within 1 (one) working day shall send it to the executor of the service provider for consideration. In cases when the service recipient submits an incomplete package of documents according to the List and (or) documents with expired validity period, the service provider refuses to accept the application.
When sending an application via the Portal, the executor of the service provider checks the completeness of the submitted documents within 2 (two) working days from the moment of registration of the application;
in case of determination of incompleteness of submitted documents and (or) documents with expired validity period, the executor of the service provider prepares a motivated refusal in further consideration of the application;
on the Portal the motivated refusal in further consideration of the application shall be sent to the “personal cabinet” of the service recipient in the form of an electronic document signed by the EDS of the authorized person of the service provider.
When a service-recipient applies after working hours, on weekends and holidays according to the Labour Code of the Republic of Kazakhstan, acceptance of applications and issuance of the results of rendering the public service is carried out on the next working day.
Information about identity documents, state registration (re-registration) of a legal entity, individual entrepreneur the executor of the service provider shall receive from the relevant state information systems through the gateway of “electronic government”.
The procedure of issuance of the conclusion on the results of environmental impact assessment shall be carried out according to the following consecutive actions:
in case of establishment of completeness of the submitted documents the executor of the service provider within 2 (two) working days from the date of registration of the application according to paragraph 10 of Article 72 of the Environmental Code of the Republic of Kazakhstan (hereinafter referred to as the Code) sends the draft report on possible impacts to the interested state bodies through the Unified system of electronic document management of state bodies of the Republic of Kazakhstan.
Interested state bodies through the unified system of electronic document management of state bodies of the Republic of Kazakhstan shall send to the service provider their comments and suggestions to the draft report on possible impacts within 10 (ten) working days from the date of sending the draft report on possible impacts by the service provider or orally during public hearings.
No comments and proposals from public authorities shall be accepted after the expiration of the given period.
Comments and suggestions in written form (on paper or electronic media) received from interested state bodies shall be entered by the executor of the service provider into the summary table, which shall be placed on the official Internet resource of the authorized body in the field of environmental protection together with the conclusion on the results of environmental impact assessment.
If there are comments to the draft report on possible impacts, the service provider shall send such comments to the service recipient within 17 (seventeen) working days from the date of registration of the application for environmental impact assessment. Such comments shall be eliminated by the service recipient within 5 (five) working days from the date of sending the comments.
Within 30 (thirty) working days from the date of registration of the application for environmental impact assessment, the service provider shall issue to the service recipient a conclusion on the results of environmental impact assessment with a conclusion on the admissibility or inadmissibility of the implementation of the proposed activity in the form according to Annex 3 to these Rules.
If the signed protocol of public hearings is not submitted to the service provider before the expiration of the term for elimination of remarks, the conclusion on the results of environmental impact assessment with the conclusion on inadmissibility of realization of the planned activity shall be issued.
The conclusion on the results of the environmental impact assessment should be based on the draft report on possible impacts taking into account its possible finalization in accordance with the Code, the protocol of public hearings, which establishes the absence of comments and proposals of the public, the protocol of the meeting of the expert commission (if any), and, if it is necessary to conduct an assessment of transboundary impacts - on the results of such an assessment.
In case of non-elimination of motivated remarks by the service-recipient, the executor of the service provider within 1 (one) working day according to Article 73 of the Administrative Procedural Code of the Republic of Kazakhstan notifies the service-recipient about the preliminary decision on refusal in rendering of the public service, as well as time and place of hearing for the opportunity to express to the service-recipient the position on the preliminary decision.
The service recipient's objections to the preliminary decision shall be accepted by the service provider within 2 (two) working days from the date of its receipt.
According to the results of hearing, the service provider within 5 (five) working days shall make a decision on preparation of the conclusion on the results of environmental impact assessment or forms a reasoned refusal in rendering of the public service in the form of an electronic document signed by the EDS of the authorized person of the service provider.
Motivated refusal in rendering of the public service shall be carried out on the grounds specified in paragraph 9 of the List.
The result of rendering of the public service is sent to the service recipient in the “personal cabinet” in the form of an electronic document signed by the EDS of the authorized person of the service provider.
7. The service provider shall ensure the entry of data into the information system for monitoring the provision of public services on the stage of provision of public services 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.
Chapter 3:
Procedure for appealing against actions (inaction) of service providers
and (or) their officials on issues of rendering public services
8. To appeal against decisions, actions (inaction) of the service provider and (or) its officials on the issues of rendering public services, the complaint shall be filed not later than 3 (three) months from the day when the service recipient became aware of the service provider's actions (inaction):
to the body considering the complaint (superior administrative body and (or) official);
to the authorized body for evaluation and control over the quality of public service provision;
to the name of the management of the service provider directly rendering the public service at the address specified in paragraph 7 of the List.
Complaint of the service recipient in accordance with paragraph 2 of Article 25 of the Law shall be subject to consideration:
by the service provider directly rendering public service within 5 (five) working days from the date of its registration;
by the authorized body for evaluation and control over the quality of rendering of public services within 15 (fifteen) working days from the date of its registration.
The term of consideration of the complaint by the service provider, the authorized body for evaluation and control over the quality of rendering public services in accordance with paragraph 4 of Article 25 of the Law shall be extended for no more than 10 (ten) working days in cases of necessity:
1) to conduct additional study or inspection on the complaint or inspection with on-site visit;
2) to obtain additional information.
In case of extension of the time limit for consideration of a complaint, the official authorized to consider complaints shall, within 3 (three) working days from the date of extension of the time limit for consideration of the complaint, notify in writing (in case of submission of a complaint on paper) or in electronic form (in case of submission of a complaint in electronic form) the complainant who submitted the complaint of the extension of the time limit for consideration of the complaint, indicating the reasons for the extension.
In case of receipt of a complaint in accordance with paragraph 4 of Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan, the service provider shall send the complaint to the body considering the complaint within 3 (three) working days from the day of its receipt. The complaint by the service provider shall not be sent to the body considering the complaint in case of adoption of a favourable act, performance of an administrative action, fully satisfying the requirements specified in the complaint.
The term of complaint consideration by the body considering the complaint shall be 20 (twenty) working days from the day of complaint receipt.
9. In case of disagreement with the decision of the body considering the complaint, the service recipient shall appeal to another body considering the complaint or to the court in accordance with paragraph 5 of Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan.
Chapter 4: Other requirements taking into account the peculiarities of public service provision
10. Assessment of transboundary impacts provided for by international treaties ratified by the Republic of Kazakhstan as part of the public service shall be conducted by the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan.
11. In the course of consideration of the draft environmental impact assessment report by the service provider, in case of establishment of circumstances that the planned activity of the service recipient, the implementation of which shall be envisaged in the territory of the Republic of Kazakhstan with a significant negative transboundary impact on the environment of another state, the procedure of consideration of the draft environmental impact assessment report shall be suspended for 180 calendar days.
The service provider shall resume consideration of the draft environmental impact assessment report after receiving in the transboundary context the results of consultations with the affected parties, as well as all comments and proposals submitted by the interested bodies and the public of the affected parties, including during public hearings, when preparing the report on possible impacts.
In case of missing the deadline for suspension of consideration of the draft environmental impact assessment report, the service provider shall issue within 10 (ten) working days to the service recipient a motivated refusal in the form of an electronic document signed by the EDS of the authorized person of the service provider on the Portal in the personal cabinet in the form of an electronic document.
| Annex 1 to the Rules for rendering of public service "Issuance of conclusion on the result of assessment of environmental impact assessment” |
Form
| В __________________________ (full name of public service) from _________________________ (full name of the applicant) Address ______________________ (index, city, district, oblast, street, house number) |
Application for environmental impact assessment
Please review the draft report on possible impacts
_________________________________________________________________
_________________________________________________________________
(indicate the full name of the project)
and issue a conclusion on the results of the environmental impact assessment.
List of attached documents:
1) conclusion on defining the scope of the environmental impact assessment;
for the objects of the planned activity subject to impact screening:
conclusion on defining the scope of environmental impact assessment and (or) screening of impacts of the proposed activity;
2) draft report on possible impacts;
3) a cover letter specifying the locations, dates and start time of the
public hearings agreed with the local executive bodies of the respective administrative-territorial units
of the relevant administrative-territorial units, or a signed protocol of the relevant public hearings held
with the local executive bodies of the relevant administrative-territorial units.
minutes of the relevant public hearings held
in accordance with the Article 73 of the Environmental Code of the Republic of Kazakhstan;
in case of transboundary impacts:
A document containing information on possible significant adverse
transboundary impacts of the proposed activity on the environment.
I hereby agree to the use of information constituting a legally protected secret,
contained in information systems, according to the Law of the Republic of Kazakhstan
“On personal data and their protection”
___________________________________________________________________
___________________________________________________________________
Head _______________________________________________________
surname, first name, patronymic (if any)
__________ “__” 20__
Place for electronic digital signature
| Annex 2 to the Rules for rendering of public service "Issuance of conclusion on the result of assessment of environmental impact assessment” |
List of basic requirements for the service “Issuance of an opinion on the results of environmental impact assessment” | ||
1 | Name of the service provider | Committee for Environmental Regulation and Control of the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan and its territorial subdivisions |
2 | Methods of providing the public service | Web portal of “e-government” www.egov.kz |
3 | Term of rendering the public service | 30 (thirty) working days from the date of registration of the application |
4 | Form of rendering the public service | Electronic (partially automated) |
5 | Result of rendering of the public service | Conclusion on the results of environmental impact assessment, motivated refusal to provide the public service. |
6 | The amount of payment charged from the service recipient during the provision of public service, and the ways of its collection in cases provided for by the legislation of the Republic of Kazakhstan | Free of charge. |
7 | Work schedule | Service provider - daily from 9:00 to 18:30, except weekends and holidays. Weekends: Saturday and Sunday. |
Portal - round the clock, except for technical breaks associated with repair work (when the service recipient applies after working hours, on weekends and holidays according to the Labour Code of the Republic of Kazakhstan, the application acceptance and issuance of the results of the public service shall be carried out on the next working day). | ||
The addresses of the places of rendering of the public service shall be placed on: | ||
1) internet resource of the service provider; | ||
2) portal www.egov.kz. | ||
8 | List of documents and information required for rendering the public service at the service recipient's address | In order to receive the public service, the service provider shall submit: |
on the Portal: | ||
1) application for issuance of the conclusion on the results of environmental impact assessment in electronic form, certified by the electronic digital signature (hereinafter referred to as the EDS) of the service-recipient, in the form according to Annex 1 to these Rules; | ||
2) electronic copy of the conclusion on defining the scope of environmental impact assessment and (or) screening of the impact of the planned activity; | ||
3) electronic copy of the draft report on possible impacts; | ||
4) electronic copy of the cover letter indicating the proposed locations, date and time of public hearings agreed with the local executive bodies of the relevant administrative-territorial units or signed minutes of the relevant public hearings held in accordance with Article 73 of the Environmental Code of the Republic of Kazakhstan; | ||
5) in case of commercial, official or other secret protected by the law in the draft report, the service recipient shall attach a statement indicating the information contained in the draft report on possible impacts that shall not be subject to disclosure, with an explanation that to which protected by the law secret the specified information refers, as well as the second copy of the draft report on possible impacts, in which the relevant information shall be deleted and replaced with the text “Confidential information”; | ||
6) in case of transboundary impacts stipulated by international treaties ratified by the Republic of Kazakhstan: | ||
Information about the identity document of an individual, about registration (re-registration) of a legal entity the service provider shall receive from the relevant state information systems through the gateway of “electronic government”. | ||
9 | Grounds for refusal to provide a public service | 1) establishment of unreliability of documents submitted by the service recipient to receive a public service, and (or) data (information) contained in them; |
2) failure to eliminate comments and proposals issued by the service provider in accordance with paragraph 16 of Article 73, paragraph 14 of Article 74 and paragraph 1 of Article 76 of the Environmental Code of the Republic of Kazakhstan. | ||
| Annex 3 to Rules for rendering of public service "Issuance of conclusion on the result of assessment of environmental impact assessment” |
Form
Name of the authorized body
Conclusion on the results of environmental impact assessment
1. Information on the initiator of the proposed activity:
for an individual: surname, first name, patronymic (if any), residence address, individual identification number, telephone, e-mail address;
for a legal entity: name, location address, business identification number, data on the first manager, telephone number, e-mail address.
2. Description of the types of operations envisaged under the proposed activity and their classification in accordance with Annex 1 of the Environmental Code of the Republic of Kazakhstan (hereinafter referred to as the Environmental Code).
3. In cases of significant changes in the types of activities:
description of significant changes in the types of activities and (or) activities of facilities in respect of which an environmental impact assessment has been previously conducted (subparagraph 3) of paragraph 1 of Article 65 of the Environmental Code;
description of significant changes in the types of activities and (or) activities of the facilities in respect of which a conclusion on the results of screening of the impacts of the proposed activity has been previously issued with a conclusion on the absence of the need to conduct an environmental impact assessment (subparagraph 4) of paragraph 1 of Article 65, paragraph 1 of the Environmental Code.
4. Information on documents prepared in the course of environmental impact assessment:
conclusion on the results of screening of impacts of the proposed activity, its date and number;
conclusion on defining the scope of the environmental impact assessment report, its date and number;
report on possible impacts, its name, date and number of its approval by the initiator of the proposed activity;
minutes of public hearings, its date and number;
minutes of repeated public hearings (if any), its date and number;
minutes of the expert commission meeting, its date and number.
5. Conclusion on possible significant environmental impacts of the proposed activity, information on the nature of such impacts, as well as components of the natural environment and other objects that may be subject to such impacts.
6. The main arguments and conclusions that served as a basis for the conclusion.
7. Information on holding public hearings:
1) the date of placement of the draft report on possible impacts and the announcement on holding public hearings on the official Internet resources of the authorized body);
2) dates of placement of the draft report on possible impacts on the official Internet resources of local executive bodies;
3) name of the newspaper (newspapers) in which the announcement on holding public hearings has been published in Kazakh and Russian languages, the date of the newspaper issue and its number;
4) date(s) of dissemination of the announcement on holding public hearings through TV or radio channel(s);
5) e-mail address and telephone number where the public could obtain additional information on the proposed activity, public hearings, as well as request copies of documents related to the proposed activity;
6) e-mail address and postal address of the authorized body or its structural subdivisions, where the public could send in writing or electronically their comments and suggestions to the draft report on possible impacts;
7) information on the process of public hearings: date and address of the venue, information on availability of video recording of public hearings, its duration;
8) all public comments and suggestions to the draft report on possible impacts, including those received during the public hearings, and conclusions obtained as a result of their consideration.
8. Generalization of the information obtained as a result of consultations with interested state authorities, public hearings, transboundary impact assessment (if any), review of the draft report on possible impacts by the expert commission, with an explanation of how the above information was taken into account in reaching a conclusion on the results of the environmental impact assessment.
9. Conditions under which the implementation of the proposed activity shall be recognized as permissible:
1) conditions of environmental protection, life and (or) health of people, compliance with which shall be mandatory for the initiator during the implementation of the proposed activity, including the stages of design, construction, reconstruction, operation, post utilization of facilities and liquidation of consequences during the implementation of the proposed activity;
2) information on necessary measures aimed at ensuring compliance with the conditions specified in subparagraph 1) of this paragraph, which the authorized state bodies should take into account when making decisions related to the proposed activity;
3) limit quantitative and qualitative indicators of emissions, physical impacts on the natural environment;
4) limit quantity of waste accumulation by its types;
5) the maximum amount of waste disposal by type, if such disposal is envisaged within the framework of the planned activity realization;
6) in case the report on possible impacts establishes the need for post-project analysis: objectives, scope and timing of such analysis, requirements to its content, deadlines for submission of reports on post-project analysis to the authorized body and, if necessary, to other state bodies;
7) conditions and necessary measures aimed at prevention of accidents, limitation and elimination of their consequences;
8) responsibilities of the initiator to prevent, reduce and (or) mitigate negative environmental impacts during the implementation of the proposed activity, including measures to preserve biodiversity, as well as to eliminate possible environmental damage, if the implementation of the proposed activity may cause such damage;
9) information on the results of transboundary impact assessment (in case it was conducted).
10. Conclusion on the admissibility of realization of the proposed activity if the conditions specified in this conclusion are met.
Note: in cases where the grounds stipulated in Article 241, paragraph 3 of the Environmental Code are established, the conclusion on the results of the environmental impact assessment shall include a motivated decision on the inadmissibility of the proposed activity. In such a case, paragraphs 6 and 7 of this form shall not be filled in.
_______________________
(signature)
___________________________________________________________
(position, surname, name, patronymic (if any)
| Appendix 5 to the order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan dated June 2, 2020 № 130 |
Rules of rendering the public service
“Issuance of the conclusion on defining the scope of environmental impact assessment and (or) screening of impacts of planned activities”
Footnote. Appendix 5 - as amended by the Order of the Minister of Ecology and Natural Resources of the Republic of Kazakhstan dated 15.11.2023 № 323 (effective ten calendar days after the date of its first official publication).
Chapter 1: General provisions
1. These Rules of rendering of the public service “Issuance of a conclusion on determination of the scope of environmental impact assessment and (or) screening of impacts of planned activities” (hereinafter referred to as the Rules) have been 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 rendering of the public service “Issuance of a conclusion on determination of the scope of environmental impact assessment and (or) screening of impacts of planned activities” (hereinafter referred to as the public service).
2. The public service shall be rendered by the Committee for Environmental Regulation and Control of the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan (hereinafter referred to as the Committee) and its territorial subdivisions (hereinafter referred to as the service provider).
Distribution of functions and powers between the authorized body in the field of environmental protection and territorial subdivisions shall be carried out in accordance with the Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated September 13, 2021 № 370 (registered in the Register of State Registration of Regulatory Legal Acts under № 24385) “On approval of the distribution of functions and powers between the authorized body in the field of environmental protection and territorial subdivisions”.
3. The public service shall be rendered to individuals and (or) legal entities (hereinafter referred to as the service recipient).
4. The public service shall be rendered through the web portal “e-government” www.egov.kz (hereinafter referred to as the Portal).
The Committee shall, within 3 (three) working days from the date of amendment of the Rules, update the information on the procedure of rendering the public service and send it to the unified contact centre and to the operator of the information and communication infrastructure of “e-government”.
Chapter 2: Procedure for rendering a public service
5. To obtain a public service, the service recipient shall send to the service provider through the Portal an application in the form, according to Annex 1 to these Rules, with the attachment of documents specified in paragraph 8 of the List of basic requirements for the provision of public service “Issuance of a conclusion on determining the scope of environmental impact assessment and (or) screening of impacts of planned activities” (hereinafter referred to as the List).
Name of the public service, name of the service provider, methods of rendering of the public service, term of rendering of the public service, form of rendering of the public service, result of rendering of the public service, amount of payment charged from the service-recipient at rendering of the public service, and methods of its charging in cases stipulated by the legislation of the Republic of Kazakhstan, work schedule of the service provider, list of documents and information required from the service-recipient for rendering of the public service, grounds for refusal to render the public service, the list of documents and information required from the service-recipient for rendering of the public service.
6. The employee of the office of the service provider shall register the application with attached documents on the day of its receipt and sends it to the head of the service provider, the head of the service provider within 1 (one) working day sends it to the executor of the service provider for consideration. In cases when the service recipient submits an incomplete set of documents according to the List, and (or) documents with expired validity period, the service provider refuses to accept the application.
When sending an application via the Portal, the executor of the service provider checks the completeness of the submitted documents and information within 2 (two) working days from the moment of registration of the application. In case of incompleteness of the information, documents and (or) documents with expired validity period submitted via the Portal, the executor of the service provider prepares a motivated refusal in further consideration of the application;
on the Portal the reasoned refusal in further consideration of the application shall be sent to the “personal cabinet” of the service-recipient in the form of an electronic document signed by the EDS of the authorized person of the service provider.
When a service-recipient applies after working hours, on weekends and holidays according to the Labour Code of the Republic of Kazakhstan, acceptance of applications and issuance of the results of rendering the public service is carried out on the next working day.
Information about identity documents, state registration (re-registration) of a legal entity, individual entrepreneur, the executor of the service provider receives from the relevant state information systems through the gateway of “electronic government”.
The procedure of issuing a conclusion on determining the scope of environmental impact assessment shall be carried out according to the following consecutive actions:
in case of establishing the availability of information specified in the statement on the planned activity, the executor of the service provider within 2 (two) working days from the moment of registration places the statement on the planned activity on the Unified environmental portal of the service provider www.ecoportal.kz and sends its copy to the relevant interested state bodies through the Unified system of electronic document management of state bodies of the Republic of Kazakhstan to provide proposals and comments to it, including local executive bodies with
Local executive bodies of the relevant administrative-territorial subdivisions within 2 (two) working days after receiving from the service provider a copy of the statement on the planned activity shall place it on the official Internet resources, where the statement shall be available for thirty consecutive calendar days from the date of its placement, and no later than three working days from the date of placement of the statement on the planned activity on the official Internet resources, additionally organize the dissemination of the official announcement in one of the mass media.
The statement on the planned activity after its placement on the Internet resources of the authorized body in the field of environmental protection and local executive bodies of the relevant administrative-territorial units shall remain continuously available for public attention on such Internet resources until the expiration of 15 (fifteen) working days from the date of placement of the statement on the planned activity on the official Internet resource of the authorized body in the field of environmental protection.
Interested state bodies and the public shall have the right to submit their comments and proposals regarding the statement on the proposed activity within 15 (fifteen) working days from the date of placement of the statement on the proposed activity on the official Internet resource of the authorized body in the field of environmental protection.
No comments and proposals from state bodies and the public shall be accepted after the expiration of the given period.
Within 5 (five) working days from the date of expiry of the term for accepting comments and proposals, the executor of the service provider shall enter all comments and proposals to the application on the planned activity, accepted for consideration from the interested state bodies and the public, into the protocol, drawn up in the form of a summary table of comments and proposals, as well as within the same term shall place it on the official Internet resource of the authorized body in the field of environmental protection together with the conclusion on defining the scope of environmental impact assessment.
Local executive bodies of the respective administrative-territorial units within two working days after receiving from the authorized body in the field of environmental protection copies of the protocol and conclusion(s) specified in part one of this paragraph shall place them on their official Internet resources.
Within 5 (five) working days from the date of expiration of the term for receiving comments and proposals, the executor of the service provider shall execute one of the following:
conclusion on defining the scope of the environmental impact assessment in the form according to Annex 3 to these Rules;
conclusion on defining the scope of environmental impact assessment and (or) screening of impacts of the planned activity, which contains conclusions on the necessity or absence of mandatory environmental impact assessment and on defining the scope of environmental components in the form according to Annex 4 to these Rules.
The term of issuance of the conclusion by the service provider shall not be more than 22 (twenty-two) working days from the date of registration of the application on the planned activity by the service provider.
Motivated refusal in rendering of the public service shall be carried out on the grounds specified in paragraph 9 of the List.
The result of rendering the public service shall be sent to the service recipient in the “personal cabinet” in the form of an electronic document signed by an electronic digital signature (hereinafter referred to as the EDS) of the authorized person of the service provider.
7. The service provider shall ensure the entry of data into the information system for monitoring the provision of public services on the stage of 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.
Chapter 3: The procedure of appealing decisions, actions (inaction) of service
providers and (or) their officials on the issues of rendering public services
8. To appeal against decisions, actions (inaction) of the service provider and (or) its officials on issues of rendering public services, a complaint shall be filed not later than 3 (three) months from the day when the service recipient became aware of the adoption of an administrative act or actions (inaction) by the service provider:
to the body considering the complaint (superior administrative body and (or) official);
to the authorized body for evaluation and control over the quality of public services;
to the name of the management of the service provider directly providing public service at the address specified in paragraph 7 of Annex 3 to these Rules.
Complaint of the service-recipient in accordance with paragraph 2 of Article 25 of the Law shall be subject to consideration:
by the service provider directly rendering the public service within 5 (five) working days from the day of its registration;
by the authorized body for evaluation and control over the quality of rendering of public services within 15 (fifteen) working days from the date of its registration.
The term of consideration of the complaint by the service provider, the authorized body for evaluation and control over the quality of rendering public services in accordance with paragraph 4 of Article 25 of the Law shall be extended for no more than 10 (ten) working days in cases of necessity:
1) to conduct additional study or inspection on the complaint or inspection with on-site visit;
2) to obtain additional information.
In case of extension of the time limit for consideration of a complaint, the official authorized to consider complaints shall, within 3 (three) working days from the date of extension of the time limit for consideration of the complaint, notify in writing (in case of submission of a complaint on paper) or in electronic form (in case of submission of a complaint in electronic form) the complainant who submitted the complaint of the extension of the time limit for consideration of the complaint, indicating the reasons for the extension.
In case of receipt of a complaint in accordance with paragraph 4 of Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan, the service provider shall send the complaint to the body considering the complaint within 3 (three) working days from the day of its receipt. The complaint by the service provider shall not be sent to the body considering the complaint in case of adoption of a favourable act, performance of administrative action, fully satisfying the requirements specified in the complaint.
The term of consideration of the complaint by the body considering the complaint shall be 20 (twenty) working days from the date of receipt of the complaint.
9. In case of disagreement with the decision of the body considering the complaint, the service recipient shall appeal to another body considering the complaint or to the court in accordance with paragraph 5 of Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan.
Chapter 4: Other requirements taking into account the peculiarities of public service provision
10. In the course of the screening procedure of the impacts of the proposed activity, the need for environmental impact assessment shall be established.
If there is a need for environmental impact assessment, the conclusion of screening of impacts of the proposed activity shall be issued together with the conclusion on determination of the scope of environmental impact assessment.
If there is no need to conduct environmental impact assessment, the conclusion of screening of impacts of the proposed activity shall be issued.
| Annex 1 to the Rules for rendering of public service "Conclusion on determination of scope of assessment of environmental impact assessment and (or) screeningimpacts of planned activities" |
Application of proposed activity
1. Information on the initiator of the proposed activity:
for an individual: surname, first name, patronymic (if it is indicated in the identity document), residence address, individual identification number, telephone, e-mail address;
for a legal entity: name, location address, business identification number, data on the first manager, telephone number, e-mail address.
2. General description of the types of proposed activities and their classification according to Annex 1 of the Environmental Code of the Republic of Kazakhstan (hereinafter referred to as the Code).
3. In cases of significant changes in the types of activities:
Description of significant changes in the types of activities and (or) activities of the facilities in respect of which an environmental impact assessment has been previously conducted (subparagraph 3) of paragraph 1 of Article 65 of the Code);
description of significant changes in the types of activities and (or) activities of facilities in respect of which a conclusion on the results of screening of the impacts of the proposed activity has been previously issued with a conclusion that there is no need to conduct an environmental impact assessment (subparagraph 4) of paragraph 1 of Article 65 of the Code).
4. Information on the proposed location of the proposed activity, the rationale for selecting the location and the possibility of selecting other locations.
5. General expected technical characteristics of the proposed activity, including the capacity (productivity) of the facility, its expected size, product characteristics.
6. Brief description of the proposed technical and technological solutions for the proposed activity.
7. Estimated timeframe for the start of the proposed activity and its completion (including construction, operation, and post-utilization of the facility).
8. Description of the types of resources required to implement the proposed activity, including construction, operation and post utilization of facilities (indicating the expected qualitative and maximum quantitative characteristics, as well as the operations for which they shall be expected to be used):
1) land plots, their areas, intended purpose, and the anticipated terms of use;
2) water resources with indication of:
the proposed source of water supply (centralized water supply systems, water bodies used for non-centralized water supply, imported water), information on the presence of water protection zones and strips, in their absence - conclusion on the need to establish them in accordance with the legislation of the Republic of Kazakhstan, and if any - on the prohibitions and restrictions established for them concerning the proposed activity;
types of water use (general, special, separate), quality of water required (potable, non-potable);
volumes of water consumption;
operations for which it shall be planned to use water resources;
3) subsoil plots with indication of type and terms of subsoil use rights, their geographical coordinates (if known);
4) vegetation resources with indication of their types, volumes, sources of acquisition (including places of their harvesting, if it is planned to collect them in the environment) and terms of use, as well as information on the presence or absence of green plantings in the proposed location of the proposed activity, the need to cut down or relocate them, the number of green plantings to be cut down or relocated, as well as those planned to be planted by way of compensation;
5) types of fauna objects, their parts, derivatives, useful properties and products of animal life with indication of:
volumes of wildlife use;
the proposed place of wildlife use and type of use;
other sources of acquisition of fauna objects, their parts, derivatives and products of animal life;
operations for which it shall be planned to use fauna objects;
6) other resources necessary for the implementation of the proposed activity (materials, raw materials, products, electricity and heat energy) with indication of the source of acquisition, volumes and terms of use;
7) risks of depletion of natural resources used due to their scarcity, uniqueness and (or) non-renewability.
9. Description of expected emissions of pollutants into the atmosphere: names of pollutants, their hazard classes, expected volumes of emissions, information on substances included in the list of pollutants, data on which are subject to entry into the register of emissions and transfer of pollutants in accordance with the rules for maintaining the register of emissions and transfer of pollutants approved by the authorized body (hereinafter referred to as the rules for maintaining the register of emissions and transfer of pollutants).
10. Description of pollutant discharges: names of pollutants, their hazard classes, estimated volumes of discharges, information on substances included in the list of pollutants, data on which are to be entered into the register of emissions and transfer of pollutants in accordance with the rules for maintaining the register of emissions and transfer of pollutants.
11. Description of wastes, the management of which is related to the proposed activity: names of wastes, their types, estimated volumes, operations, as a result of which they are generated, information on the presence or absence of the possibility of exceeding the thresholds established for waste transfer by the rules of maintaining the register of emissions and transfer of pollutants.
12. List of permits that shall be expected to be required to carry out the proposed activity, and the state bodies whose competence includes the issuance of such permits.
13. Brief description of the current state of environmental components in the territory and (or) water area where the proposed activity is to be carried out in comparison with environmental standards or target indicators of environmental quality, and in their absence - with hygienic standards; results of baseline studies, if available to the initiator; conclusion on the need or lack of need to conduct field studies (in the absence or insufficiency of results of baseline studies, presence in the presumed water area of the proposed activity, presence in the water area of the proposed activity, and in the absence of any other environmental indicators); results of baseline studies (in the absence or insufficiency of results of baseline studies, presence in the presumed water area of the proposed activity).
14. Characterization of possible forms of negative and positive environmental impacts as a result of the proposed activity, their nature and expected scale, taking into account their probability, duration, frequency and reversibility, preliminary assessment of their materiality.
15. Characterization of possible forms of transboundary environmental impacts, their nature and expected scale taking into account their probability, duration, frequency and reversibility.
16. Proposed measures to prevent, exclude and reduce possible forms of adverse environmental impact, as well as to eliminate its consequences.
17. Description of possible alternatives for achieving the objectives of the proposed activity and options for its implementation (including the use of alternative technical and technological solutions and locations of the facility).
Annexes (documents confirming the information specified in the application):
_______________________________________________________________________
Head of the initiator of the proposed activity (other authorized person):
________________________________________________________________________
signature, surname, first name, patronymic (if any)
_______________________________________________________________________
| Annex 2 to the Rules for renderingof public service "Conclusion on determination of scope of assessment of environmental impact assessment and (or) screening impacts of planned activities" |
List of basic requirements for rendering the public service “Issuance of a conclusion on determining the scope of environmental impact assessment and (or) screening of impacts of planned activities” | ||
1 | Name of the service provider | Committee for Environmental Regulation and Control of the Ministry of Ecology and Natural Resources of the Republic of Kazakhstan and its territorial subdivisions. |
2 | Methods of rendering the public service | Web portal of “e-government” www.egov.kz. |
3 | Term of rendering the public service | 22 (twenty-two) working days from the date of registration of the application |
4 | Form of rendering the public service | Electronic (partially automated). |
5 | Result of rendering the public service | Conclusion on defining the scope of environmental impact assessment according to Annex 3 to the Rules; |
Conclusion on defining the scope of environmental impact assessment and (or) screening of impacts of the proposed activity according to Annex 4 to the Rules; | ||
reasoned refusal to provide the public service. | ||
6 | The amount of payment charged from the service recipient when rendering a public service, and methods of its collection in cases stipulated by the legislation of the Republic of Kazakhstan | Free of charge. |
7 | Work schedule | Service provider - daily from 9:00 to 18:30, except weekends and holidays. Weekends: Saturday and Sunday. |
Portal - round the clock, except for technical interruptions related to repair works (when a service recipient applies after working hours, on weekends and holidays according to the Labour Code of the Republic of Kazakhstan, the application acceptance and issuance of the results of public service provision shall be carried out on the next working day). | ||
The addresses of the places of rendering the public service shall be placed on: | ||
1) the internet resource of the service provider; | ||
2) portal www.egov.kz. | ||
8 | List of documents and information required for rendering the public service at the service recipient's address | To obtain a public service, the service recipient shall submit: |
To obtain a conclusion on defining the scope of environmental impact assessment: | ||
To the portal (in electronic form): | ||
1) application on the planned activity in electronic form, certified by the electronic digital signature (hereinafter referred to as the EDS) of the service recipient, in the form according to Annex 1 to these Rules; | ||
2) in case of transboundary impacts: | ||
to obtain a conclusion on defining the scope of environmental impact assessment and (or) screening of impacts of the planned activity: | ||
to the Portal (in electronic form): | ||
application on the planned activity in electronic form, certified by the electronic digital signature (hereinafter referred to as the EDS) of the service recipient, in the form according to Annex 1 to these Rules. | ||
Information about the identity document of an individual, about registration (re-registration) of a legal entity the service provider shall receive from the relevant state information systems through the gateway of “electronic government”. | ||
9 | Grounds for refusal to provide a public service | Determination of unreliability of documents submitted by the service recipient to receive a public service and (or) data (information) contained in them. |
| Annex 3 to the Rules for rendering of public service "Conclusion on determination of scope of assessment of environmental impact assessment and (or) screening impacts of planned activities" |
Form
| Whom to: ______________________ (full name of the service provider) |
Conclusion on defining the scope of environmental impact assessment
For consideration:
____________________________________________________________
(list completeness of submitted materials)
Materials received for consideration _________________ 20__
(Date, number of incoming registration)
General information
Brief characterization of environmental components
Conclusions _______________________
(signature)
___________________________________________________________
(position, surname, first name, patronymic (if any)
| Annex 4 to the Rules for rendering of public service "Conclusion on determination of scope of assessment of environmental impact assessment and (or) screening impacts of planned activities" |
Form
| Whom to: ______________________ (full name of the service provider) |
Conclusion on defining the scope of environmental impact
assessment and (or) screening of impacts of the proposed activity
For consideration:
_____________________________________________________________
(list completeness of submitted materials)
Materials received for consideration _________________ 20__
(Date, number of incoming registration)
General information
Brief description of the proposed activity
Brief characterization of environmental components
Conclusions on necessity or absence of mandatory
environmental impact assessment
_______________________
(signature)
___________________________________________________________
(position, surname, first name, patronymic (if any)
| Appendix 6 to the order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan dated June 2, 2020 № 130 |
The Rules for provision of the public service "Issuance of permits for emissions into the environment for objects of II, III and IV categories"
Footnote. Appendix 6 is excluded by the order of the acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 20.08.2021 № 337 (shall be enforced ten calendar days after the day of its first official publication).
| Appendix 7 to the order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan dated June 2, 2020 № 130 |
The Rules for provision of the public service "Issuance of conclusions of the state environmental expertise for objects of II, III and IV categories"
Footnote. Appendix 7 is excluded by the order of the acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 20.08.2021 № 337 (shall be enforced ten calendar days after the day of its first official publication).
| Appendix 8 to the order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan dated June 2, 2020 № 130 |
Rules for provision of public service "Issuance of a license for export and import of hazardous waste" Chapter 1. General provisions
1. These Rules for provision of public service "Issuance of a license for export and import of hazardous waste" (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" (hereinafter - the Law) and determine the procedure for rendering the public service "Issuance of a license for export and import of hazardous waste" (hereinafter - the public service).
2. The public service is provided by the Committee for environmental regulation and control of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan (hereinafter referred to as the service provider).
3. The public service is provided to individual and (or) legal entities (hereinafter referred to as the service recipient).
Chapter 2. Procedure for provision of public service
4. To receive a public service, the service recipient sends to the service provider through the web portal of the “electronic government” www.egov.kz (hereinafter referred to as the portal):
an application of an individual for obtaining a license and (or) annex to a license for export of hazardous waste in electronic form, certified by an electronic digital signature (hereinafter referred to as EDS) of the service recipient, in the form in accordance with Appendix 1 to these Rules;
an application of an individual for obtaining a license and (or) annex to a license for import of hazardous waste in electronic form, certified by the EDS of the service recipient, in the form in accordance with Appendix 2 to these Rules;
an application of a legal entity for obtaining a license and (or) annex to a license for export of hazardous waste in electronic form, certified by the EDS of the service recipient, in the form in accordance with Appendix 3 to these Rules;
an application of a legal entity for obtaining a license and (or) annex to a license for import of hazardous waste in electronic form, certified by the EDS of the service recipient, in the form in accordance with Appendix 4 to these Rules;
a copy of the contract (agreement) for the purchase and sale of waste or another agreement of alienation between the participants in the foreign trade transaction; a copy of the license to carry out the licensed type of activity or information on the availability of a license to carry out the licensed type of activity (if provided for by the legislation of the member state), if such type of activity is related to the turnover of goods for which licensing has been introduced in the customs territory of the Union;
consent (in writing) of the authorized body in the field of environmental protection of the state into whose territory hazardous waste is imported and (or) through whose territory hazardous waste is moved in accordance with paragraph 4 of Article 6 of the Law of the Republic of Kazakhstan dated February 10, 2003 № 389 "On accession of the Republic of Kazakhstan to the Basel Convention on control of transboundary movements of hazardous wastes and their disposal” (hereinafter referred to as the Basel Convention) (in case of export of hazardous waste);
a copy of the contract (agreement) between the exporter and the manufacturer or the importer and the consumer of the goods (if the applicant acts as an intermediary);
a copy of the agreement (s) (contract (s)) for transportation;
a copy of the conclusion of the state environmental expertise;
a copy of the contract between the exporter (importer) and the person in charge of waste disposal, which stipulates the environmentally sound use of this waste;
notification of transboundary movement of hazardous wastes in accordance with paragraph 1 of Article 6 of the Basel Convention (in 3 (three) copies);
document on movement of waste in accordance with Annex V B of the Basel Convention (in 3 (three) copies);
information on the availability of technical (technological) possibilities for the use of hazardous waste (an extract from the technological regulations, confirming the possibility of using hazardous waste as raw materials, or another document confirming their involvement in their use, which does not allow the formation of other hazardous waste or their residues), (in case of import of hazardous waste);
a copy of the document confirming the coverage of insurance, pledge or other guarantee for the transboundary movement of hazardous wastes in accordance with paragraph 11 of Article 6 of the Basel Convention;
a copy of the license to carry out a type of activity for the use of waste.
The list of basic requirements for the provision of public service, including the characteristics of the process, the form, 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 public service standard "Issuance of a license for export and import of hazardous waste" in accordance with Appendix 5 to these Rules.
5. The service provider's office registers the applications with the attached documents on the day of receipt on the portal and sends to the executive of the service provider.
The service provider receives information about the identity documents of the service recipient, about state registration (re-registration) of a legal entity, about registration as an individual entrepreneur, a document confirming payment from the relevant state information systems through the gateway of the "electronic government".
To obtain a license and (or) an annex to a license:
the executive verifies the completeness of the submitted documents within 2 (two) working days from the date of registration of the application;
in the event that the submitted documents and (or) expired documents are found to be incomplete, the service provider's executive prepares a reasoned refusal to further consider the application;
after signing by the service provider, the service recipient receives a reasoned refusal to further consider the application, signed by the EDS of the head of the service provider, on the portal in the personal account in the form of an electronic document;
in case of establishing the completeness of the submitted documents, the executive considers within 10 (ten) working days for compliance with the requirements specified in paragraph 6 of these Rules.
preparation of the result of provision of public service is carried out by the executive within 2 (two) working days;
after signing by the service provider, the service recipient receives a license and annexes to the license for export and import of hazardous waste, or a reasoned refusal to provide a public service, signed by the EDS of the head of the service provider, on the portal in the personal account in the form of an electronic document;
6. Grounds for refusal to provide public service are:
1) engaging in a type of activity is prohibited by the laws of the Republic of Kazakhstan for this category of individuals or legal entities;
2) the license fee has not been paid;
3) the applicant does not meet the qualification requirements established by order of the Minister of National Economy of the Republic of Kazakhstan dated January 30, 2015 № 67 "On approval of qualification requirements for licensing the export and import of goods, the list of documents confirming compliance with them, application forms for obtaining a license and (or) annexes to a license, forms of licenses and (or) annexes to a license" (registered in the Register of state registration of regulatory legal acts under № 11074, published on June 12, 2015 in the information and legal system "Adilet");
4) the licensor has received a response from the relevant approving state body about the applicant's non-compliance with the requirements for licensing;
5) in relation to the service recipient, there is a court decision (verdict) that has entered into legal force on the suspension or prohibition of the declared type of activity;
6) on the basis of the recommendation of the bailiff, the court temporarily prohibited issuing a license to the service recipient-debtor;
7) the inaccuracy of the documents submitted by the applicant for obtaining a license and (or) the data (information) contained therein has been established;
8) in respect of the service recipient there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to the receipt of a public service.
7. The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of public service 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.
Chapter 3. Procedure for appealing decisions, actions (inaction) of service providers and (or) their officials on the issues of provision of public services
8. To appeal the decisions, actions (inaction) of the service provider and (or) its officials on the issues of provision of public services, the complaint is submitted to the name of the service provider's management at the address specified in paragraph 7 of Appendix 6 to these Rules.
The complaint is submitted in writing by mail, through the portal or on purpose through the office of the service provider on weekdays.
The complaint contains:
1) an individual - his last name, first name, patronymic (if any), postal address, contact phone number;
2) a legal entity - its name, postal address, outgoing number and date. The appeal is signed by the service recipient.
Confirmation of acceptance of the complaint is its registration (stamp, incoming number and date) in the office of the service provider, indicating the name and initials of the person who accepted the complaint, the time and place for receiving a response to the complaint filed.
When contacting through the portal, information on the appeal procedure can be obtained by calling the Unified Contact Center at 1414, 8 800 080 7777.
When sending a complaint through the portal, information about the appeal is available to the service recipient in the "personal account", which is updated during the processing of the appeal by the service provider (marks on delivery, registration, execution, response to consider or refusal to consider).
The complaint of the service recipient in accordance with paragraph 2 of Article 25 of the Law is subject to consideration:
by a service provider directly providing a public service within 5 (five) working days from the date of its registration;
by the authorized body for assessment and control over the quality of provision of public services within 15 (fifteen) working days from the date of its registration. The term for consideration of the complaint by the service provider, the authorized body for assessment and control over the quality of provision of public services in accordance with paragraph 4 of Article 25 of the Law are extended for no more than 10 (ten) working days if it is necessary:
1) to conduct additional study or verification of a complaint or verification with a visit to the place;
2) to obtain additional information.
In the event of an extension of the period for considering a complaint, an official authorized to consider complaints within 3 (three) working days from the date of extension of the period for considering a complaint notifies in writing (when filing a complaint on paper) or electronically (when filing a complaint in electronic form) the applicant who filed the complaint about the extension of the term for consideration of the complaint, indicating the reasons for the extension.
9. In cases of disagreement with the results of the decision of the service provider, the service recipient applies to the court in accordance with subparagraph 6) of paragraph 1 of Article 4 of the Law.
Chapter 4. Other requirements, taking into account the specifics of provision of public service
10. The service recipient has the opportunity to receive information on the procedure and status of the provision of public service in remote access mode through the "personal account" of the portal, as well as a unified contact center for provision of public services.
11. Contact phone numbers of reference services on the provision of public service: the Unified Contact Center: 1414, 8 800 080 7777.
| Appendix 1 to the Rules of public service "Issuance of a license for export and import of hazardous waste" |
|
| Form |
Application of an individual for obtaining a license and annex to a license for export of hazardous waste
1. Application № | 2. Validity period from "__" ____20 .. to "___" _____20 .. | |
3. License type |
4. Contract | |
5. Applicant | 6. Buyer | |
7. Country of destination | 8. Buyer's country | |
9. Contract currency | 10. Cost | 11. Statistical cost |
12. Country of origin | 13. Quantity | 14. Unit of measurement |
15. Product code for the unified commodity nomenclature of foreign economic activity and its description | ||
16. Additional information | ||
17. Grounds for issuing a license |
18. Authorized person of the applicant | |
| Appendix 2 to the Rules of public service "Issuance of a license for export and import of hazardous waste" |
|
| Form |
Application of an individual for obtaining a license and annex to a license for import of hazardous waste
1. Application № | 2. Validity period from "__" ____20 .. to "___" _____20 .. | |
3. License type |
4. Contract | |
5. Applicant | 6. Buyer | |
7. Country of destination | 8. Buyer's country | |
9. Contract currency | 10. Cost | 11. Statistical cost |
12. Country of origin | 13. Quantity | 14. Unit of measurement |
15. Product code for the unified commodity nomenclature of foreign economic activity and its description | ||
16. Additional information | ||
17. Grounds for issuing a license |
18. Authorized person of the applicant | |
| Appendix 3 to the Rules of public service "Issuance of a license for export and import of hazardous waste" |
|
| Form |
Application of a legal entity for obtaining a license and annex to a license for export of hazardous waste
1. Application № | 2. Validity period from "__" ____20 .. to "___" _____20 .. | |
3. License type |
4. Contract | |
5. Applicant | 6. Buyer | |
7. Country of destination | 8. Buyer's country | |
9. Contract currency | 10. Cost | 11. Statistical cost |
12. Country of origin | 13. Quantity | 14. Unit of measurement |
15. Product code for the unified commodity nomenclature of foreign economic activity and its description | ||
16. Additional information | ||
17. Grounds for issuing a license |
18. Authorized person of the applicant | |
| Appendix 4 to the Rules of public service "Issuance of a license for export and import of hazardous waste" |
|
| Form |
Application of a legal entity for obtaining a license and annex to a license for import of hazardous waste
1. Application № | 2. Validity period from "__" ____20 .. to "___" _____20 .. | |
3. License type |
4. Contract | |
5. Applicant | 6. Buyer | |
7. Country of destination | 8. Buyer's country | |
9. Contract currency | 10. Cost | 11. Statistical cost |
12. Country of origin | 13. Quantity | 14. Unit of measurement |
15. Product code for the unified commodity nomenclature of foreign economic activity and its description | ||
16. Additional information | ||
17. Grounds for issuing a license |
18. Authorized person of the applicant | |
| Appendix 5 to the Rules for provision of public service "Issuance of a license for export and import of hazardous waste" |
Public service standard | ||
1 | Service provider name | Committee for environmental regulation and control of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan |
2 | Methods of provision of a public service | Through the web portal of "electronic government" www.egov.kz. |
3 | Term for provision of a public service |
From the moment of registration of the application by the service provider: |
4 | Form of provision of a public service | Electronic (fully automated). |
5 | Result of provision of a public service |
License and annexes to the license for export and import of hazardous waste, or a reasoned refusal to provide public service in the cases and on the grounds provided for in paragraph 9 of this public service standard. |
6 | Amount of payment charged from the service recipient when rendering a public service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan |
The public service is provided on a paid basis to service recipients. |
7 | Schedule |
The service provider - daily from 9:00 to 18:30, except weekends and holidays. Days off: Saturday and Sunday. |
8 | List of documents required for provision of a public service when the service recipient applies |
Application of an individual for obtaining a license and (or) annex to a license for export of hazardous waste in electronic form, certified by an electronic digital signature (hereinafter - EDS) of the service recipient, in the form in accordance with Appendix 1 to these Rules; |
9 | Grounds for refusal to provide a public service |
1) engaging in a type of activity is prohibited by the laws of the Republic of Kazakhstan for this category of individuals or legal entities; |
| Appendix 9 to the order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan dated June 2, 2020 № 130 |
Rules for provision of public service "Provision of environmental information" Chapter 1. General provisions
1. These Rules for provision of public service "Provision of environmental information" (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" (hereinafter - the Law) and determine the procedure for provision of public service "Provision of environmental information" (hereinafter – a public service).
2. The public service is provided by the Republican State Enterprise on the basis of the right of economic management "Information and analytical center for environmental protection" of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan (hereinafter referred to as the service provider).
3. The public service is provided to individual and (or) legal entities (hereinafter referred to as the service recipient).
Chapter 2. Procedure for provision of public service
4. To receive a public service, the service recipient submits to the service provider an application for the provision of environmental information, in the form, in accordance with Appendix 1 to these Rules, through the web portal of the "electronic government" www.egov.kz (hereinafter referred to as the portal).
The basis for starting the procedure (action) for provision of public service is the application of the service recipient with the attachment of the documents specified in paragraph 8 of Appendix 2 to these Rules.
When submitting an application, the service recipient consents to the use of information constituting a secret protected by law, contained in information systems, in accordance with the Law of the Republic of Kazakhstan dated March 15, 1999 "On state secrets", when providing a public service, unless otherwise provided by the laws of the Republic of Kazakhstan.
The list of basic requirements for provision of public service, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of public service, are set out in the public service standard "Provision of environmental information" in accordance with Appendix 2 to these Rules.
5. The content of the actions of the structural units (employees) of the service provider in the process of rendering public services includes:
the service provider's employee, on the day the application is received through the portal, accepts and registers them within 20 (twenty) minutes (if received after 18.30, the application is registered on the next working day);
the executive, within 5 (five) hours, checks the availability of the requested information in the register books of the database of the State Fund for environmental information, posted on the service provider's website and prepares the result of provision of public service;
approval of the result of provision of public service by the head of the unit within 20 (twenty) minutes;
sending of the result of the public service by the executive to the service recipient through the portal.
The service recipient in the "personal account" receives information about the status of consideration of the request for the provision of public service, as well as a notification indicating the date and time of receipt of the result of the public service.
On the portal, the result of the provision of public service is sent and stored in the "personal account" of the service recipient in the form of an electronic document signed by the EDS of the authorized person of the service provider.
6. Grounds for refusal to provide public service in accordance with paragraphs 3 and 4 of Article 4 of the Law of the Republic of Kazakhstan dated October 23, 2000 “On ratification of the Convention on access to information, public participation in decision-making and access to justice in matters relating to the environment" are:
1) the service provider to which the request is sent does not have the requested environmental information;
2) the request is clearly unreasonable or is worded too general;
3) the request concerns materials that are at the final stage of their preparation, or internal correspondence of state bodies and between them, when such an exception is provided for by national legislation or the established practice, while taking into account the public's interest in receiving such information;
4) disclosure of such information will adversely affect:
confidentiality of the work of state bodies in cases where such confidentiality is provided for by national legislation;
international relations, national defense or state security;
administration of justice the ability for individuals to be subjected to a fair trial or the ability of public authorities to conduct an investigation of a criminal or disciplinary nature;
confidentiality of commercial and industrial information in cases where such confidentiality is protected by law in order to protect legitimate economic interests. Within this framework, information on emissions related to environmental protection is subject to disclosure;
intellectual property rights;
confidentiality of personal data and / or archives concerning an individual person, when the person concerned has not consented to the provision of such information to the public in accordance with the provisions of national legislation;
interests of the third party that provided the requested information, if this party is not bound by a legal obligation to do this, or if such an obligation cannot be imposed on this party, and in cases where this party does not consent to the disclosure of the material;
the environment to which this information relates, such as breeding sites for rare species.
7. The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of public services 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.
Chapter 3. Procedure for appealing decisions, actions (inaction) of the service provider and (or) its officials, on the issues of provision of public services
8. Consideration of a complaint on the provision of public services is carried out by the authorized body in the field of environmental protection (hereinafter referred to as the authorized body), an official, an authorized body for assessment and control over the quality of the provision of public services.
The complaint is submitted to the service provider and (or) the official, whose decision, action (inaction) is appealed.
The service provider, the official, whose decision, action (inaction) is being appealed, no later than three working days from the date of receipt of the complaint, sends it and the administrative case to the authorized body.
At the same time, the service provider, the official whose decision, action (inaction) is being appealed, has the right not to send a complaint to the authorized body if he makes a decision or other administrative action within three working days that fully meets the requirements specified in the complaint.
Unless otherwise provided by law, appeal to the court is allowed after an appeal in the pre-trial procedure.
The complaint of the service recipient, received by the service provider, in accordance with paragraph 2 of Article 25 of the Law is subject to consideration within five working days from the date of its registration.
In case of disagreement with the results of the rendered public service, the service recipient files a complaint with the authorized body for assessment and control over the quality of provision of public services.
The complaint of the service recipient, received by the authorized body for assessment and control over the quality of the provision of public services, is subject to consideration within fifteen working days from the date of its registration.
Footnote. Paragraph 8 - as amended by the order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 23.11.2021 № 477 (shall be enforced ten calendar days after the day of its first official publication).9. In cases of disagreement with the results of the provided public service, the service recipient applies to the court in accordance with subparagraph 6) of paragraph 1 of Article 4 of the Law.
Chapter 4. Other requirements, taking into account the specifics of provision of public service
10. The service recipient has the opportunity to receive information on the procedure and status of the provision of public service in remote access mode through the "personal account" of the portal, as well as a unified contact center for provision of public services.
11. Contact phone numbers of reference services on the provision of public services: the Unified Contact Center: 1414, 8 800 080 7777.
| Appendix 1 to the Rules for provision of public service "Provision of environmental information" |
|
| Form | |
| To Director General of the Republican state enterprise on the basis of the right of economic management "Information and analytical center for environmental protection" (Surname and initials) from _______________________ (Surname, name, patronymic (if any), in case of filing by a legal entity it is necessary to indicate its name) IIN/BIN ____________________ address: _____________________ phone number.________________ |
Application for provision of environmental information
Please provide the following environmental information :
__________________________________________________________________________
__________________________________________________________________________
| Appendix 2 to the Rules for provision of public service "Provision of environmental information" |
Public service standard | ||
1 | Service provider name | Republican State Enterprise on the basis of the right of economic management "Information and analytical center for environmental protection" of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan. |
2 | Methods of provision of a public service | Through the web portal of "electronic government" www.egov.kz. |
3 | Term for provision of a public service | Within 1 (one) working day. |
4 | Form of provision of a public service | Electronic (fully automated). |
5 | Result of provision of a public service | Environmental information or a reasoned response about refusal to provide public service in the cases and on the grounds provided for in paragraph 9 of this public service standard. |
6 | Amount of payment charged from the service recipient when rendering a public service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan | The public service is provided to individual and legal entities free of charge. |
7 | Schedule |
Portal - around the clock, with the exception of technical breaks related to repair work (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 dated November 23, 2015, the application is accepted and the result of the provision of public services is received on the next working day). |
8 | List of documents required for provision of a public service when the service recipient applies | Application for provision of environmental information in the form of an electronic document signed with an electronic digital signature of the service recipient or certified with a one-time password, in the case of registration and connection of the service recipient's subscriber number provided by the cellular operator to the portal account. |
9 | Grounds for refusal to provide a public service, established by the legislation of the Republic of Kazakhstan |
In accordance with paragraphs 3 and 4 of Article 4 of the Law of the Republic of Kazakhstan dated October 23, 2000 "On ratification of the Convention on access to information, public participation in decision-making and access to justice relating to the issues on environment": |
| Appendix 10 to the order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan dated June 2, 2020 № 130 |
The list of some invalidated orders of the Minister of Energy of the Republic of Kazakhstan
1. Order of the Minister of Energy of the Republic of Kazakhstan dated November 25, 2014 № 144 "On approval of the Rules for issuing permits for work using ozone-depleting substances, repair, installation, maintenance of equipment containing ozone-depleting substances" (registered in the Register of state registration of regulatory legal acts under № 10065, published on March 20, 2015 in the information and legal system "Adilet");
2. Order of the Minister of Energy of the Republic of Kazakhstan dated April 23, 2015 № 301 "On approval of public service standards in the field of environmental protection" (registered in the Register of state registration of regulatory legal acts under № 11229, published on August 3, 2015 in the Information and Legal System " Adilet ");
3. Order of the Minister of Energy of the Republic of Kazakhstan dated May 22, 2015 № 369 "On approval of regulations for public services in the field of environmental protection" (registered in the Register of state registration of regulatory legal acts under № 11565, published on October 20, 2015 in the Information and Legal System "Adilet");
4. Order of the Minister of Energy of the Republic of Kazakhstan dated November 13, 2015 № 641 "On amendments to the order of the Minister of Energy of the Republic of Kazakhstan dated April 23, 2015 № 301" On approval of public service standards in the field of environmental protection" (registered in the Register of state registration of regulatory legal acts under № 12878, published on January 27, 2016 in the information and legal system "Adilet");
5. Order of the Minister of Energy of the Republic of Kazakhstan dated January 21, 2016 № 18 "On amendments to the order of the Minister of Energy of the Republic of Kazakhstan dated May 22, 2015 № 369 "On approval of regulations for public services in the field of environmental protection" (registered in the Register of state registration of regulatory legal acts under № 13156, published on April 11, 2016 in the information and legal system "Adilet");
6. Order of the Minister of Energy of the Republic of Kazakhstan dated January 21, 2016 № 19 "On amendments to the order of the Minister of Energy of the Republic of Kazakhstan dated April 23, 2015 № 301 "On approval of public service standards in the field of environmental protection" (registered in the Register of state registration of regulatory legal acts under № 13367, published on April 5, 2016 in the information and legal system "Adilet");
7. Order of the Minister of Energy of the Republic of Kazakhstan dated February 18, 2016 № 71 "On amendments to the order of the Minister of Energy of the Republic of Kazakhstan dated May 22, 2015 № 369 "On approval of regulations for public services in the field of environmental protection" (registered in the Register of state registration of regulatory legal acts under № 13473, published on April 6, 2016 in the information and legal system "Adilet");
8. Order of the Minister of Energy of the Republic of Kazakhstan dated December 26, 2016 № 563 "On amendments to the order of the Minister of Energy of the Republic of Kazakhstan dated April 23, 2015 № 301 "On approval of public service standards in the field of environmental protection" (registered in the Register of state registration of regulatory legal acts under № 14731, published on February 1, 2017 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan);
9. Order of the Minister of Energy of the Republic of Kazakhstan dated January 26, 2017 № 25 "On amendments to the order of the Minister of Energy of the Republic of Kazakhstan dated May 22, 2015 № 369 "On approval of regulations for public services in the field of environmental protection" (registered in the Register of state registration of regulatory legal acts under № 14847, published on March 2, 2017 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan);
10. Order of the acting Minister of Energy of the Republic of Kazakhstan dated March 15, 2017 № 96 "On amendments to the order of the Minister of Energy of the Republic of Kazakhstan dated April 23, 2015 № 301 "On approval of public service standards in the field of environmental protection" (registered in the Register of state registration of regulatory legal acts under № 15020, published on May 11, 2017 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan);
11. Order of the Minister of Energy of the Republic of Kazakhstan dated December 22, 2017 № 468 "On amendments to the order of the Minister of Energy of the Republic of Kazakhstan dated May 22, 2015 № 369 "On approval of regulations for public services in the field of environmental protection" (registered in the Register of state registration of regulatory legal acts under № 16195, published on January 23, 2018 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan);
12. Order of the Minister of Energy of the Republic of Kazakhstan dated April 27, 2018 № 149 "On amendments to the order of the Minister of Energy of the Republic of Kazakhstan dated April 23, 2015 № 301 "On approval of public service standards in the field of environmental protection" (registered in the Register of state registration of regulatory legal acts under № 16904, published on May 23, 2018 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan);
13. Order of the Minister of Energy of the Republic of Kazakhstan dated June 26, 2018 № 250 "On amendments to the order of the Minister of Energy of the Republic of Kazakhstan dated May 22, 2015 № 369 "On approval of regulations for public services in the field of environmental protection" (registered in the Register of state registration of regulatory legal acts under № 17189, published on July 23, 2018 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan);
14. Order of the Minister of Energy of the Republic of Kazakhstan dated December 27, 2018 № 537 "On amendments and additions to the order of the Minister of Energy of the Republic of Kazakhstan dated April 23, 2015 № 301 "On approval of public service standards in the field of environmental protection" (registered in the Register of state registration of regulatory legal acts under № 18124, published on January 15, 2019 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan);
15. Order of the Minister of Energy of the Republic of Kazakhstan dated March 4, 2019 № 70 "On amendments and additions to the order of the Minister of Energy of the Republic of Kazakhstan dated May 22, 2015 № 369 "On approval of regulations for public services in the field of environmental protection" (registered in the Register of state registration of regulatory legal acts under № 18368, published on March 14, 2019 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).