On approval of the Rules for provision of public service "Issuance of a license for purchase of electric power for energy supply"

Updated Unofficial translation

Order of the Minister of National Economy of the Republic of Kazakhstan dated June 5, 2020 No. 47. Registered in the Ministry of Justice of the Republic of Kazakhstan on June 9, 2020 No. 20843.

      Unofficial translation

      In accordance with subparagraph 1) of article 10 of the Law of the Republic of Kazakhstan "On state services" I HEREBY ORDER:

      Footnote. The preamble as amended by the order of the Minister of National Economy of the Republic of Kazakhstan dated 18.11.2022 No. 81 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

      1. To approve the attached Rules for provision of the public service "Issuance of a license for purchase of electric power for energy supply".

      2. To recognize as invalid some orders of the Ministry of National Economy of the Republic of Kazakhstan according to the list in accordance with the appendix to this order.

      3. The Committee for regulation of natural monopolies of the Ministry of National Economy of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to ensure:

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

      2) placement of this order on the Internet resource of the Ministry of National Economy of the Republic of Kazakhstan;

      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 Legal Department of the Ministry of National Economy 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 national economy of the Republic of Kazakhstan is authorized to control the execution of this order.

      5. This order comes into effect upon the expiry of twenty one calendar days after the day of its first official publication.

      Minister of national economy of the
Republic of Kazakhstan
R. Dalenov

      "AGREED"
Ministry of digital development,
innovations and aero-space industry of the
Republic of Kazakhstan

  Approved
by the order
dated June 5, 2020 № 47

Rules for provision of public service "Issuance of a license for purchase of electric power for energy supply" Chapter 1. General provisions

      1. These Rules for provision of state service "Issuance of a icense to engage in the purchase electric powerfor energy supply" (hereinafter - the Rules) are developed in accordance with subparagraph 1) of article 10 of the Law of the Republic of Kazakhstan "On state services" (hereinafter – the Law) and determine the procedure for provision of the state service "Issuance of a icense to engage in the purchase electric powerfor energy supply" (hereinafter - the state service).

      Footnote. Paragraph 1 as amended by the order of the Minister of National Economy of the Republic of Kazakhstan dated 18.11.2022 No. 81 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

      2. The public service is provided by the territorial bodies of the Committee for regulation of natural monopolies of the Ministry of National Economy of the Republic of Kazakhstan (hereinafter referred to as the service provider) to individual and legal entities (hereinafter referred to as the service recipient) in accordance with these Rules.

      3. The following basic concepts and terms are used in these Rules:

      1) qualification requirements - a set of quantitative and qualitative normative standards and indicators characterizing the ability of an applicant and a licensee to engage in a certain licensed type of activity and (or) a subtype of a licensed type of activity, presented both when issuing a license and (or) annex to a license, and throughout the period of its validity;

      2) a Unified Contact Center - a legal entity, determined by the Government of the Republic of Kazakhstan, performing the functions of an information and reference service for providing service recipients with information on provision of state and other services, as well as state bodies - information on provision of information and communication services;

      3) a service recipient - individual and legal entities, with the exception of central state bodies, foreign establishments of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, towns of district significance, settlements, villages, rural districts;

      4) a service provider - central state bodies, foreign establishments of the Republic of Kazakhstan, local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance, akims of districts in the city, towns of district significance, settlements, villages, rural districts, as well as individual and legal entities, providing state services in accordance with the legislation of the Republic of Kazakhstan;

      5) a license - permission of the first category, issued by the licensor to an individual or legal entity to carry out a licensed type of activity or a subtype of a licensed type of activity associated with a high level of danger;

      6) a state service - one of the forms of implementation of certain state functions, carried out on an individual basis upon the request or without the request of service recipients and aimed at the implementation of their rights, freedoms and legitimate interests, providing them with the corresponding material or intangible benefits;

      7) information system for monitoring the provision of state services - an information system designed to automate and monitor the process of providing state services, including those provided through the State Corporation "Government for Citizens";

      8) the authorized body for assessment and control over the quality of provision of state services - the central state body carrying out, within its competence, the activity on assessment and control over the quality of provision of state services;

      9) an authorized body - a state body that exercises leadership in the areas of natural monopolies;

      10) the web portal of "electronic government" - an information system that is a single window of access to all consolidated government information, including the regulatory legal framework, and to state services, services for issuing technical specifications for connecting natural monopoly entities to networks and services of entities of quasi-public sector rendered electronically;

      11) electronic digital signature (hereinafter referred to as EDS) - a set of electronic digital symbols created by means of an electronic digital signature and confirming the authenticity of an electronic document, its ownership and the invariability of its content.

      Footnote. Paragraph 3 as amended by the order of the Minister of National Economy of the Republic of Kazakhstan dated 18.11.2022 N 81 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

Chapter 2. Procedure for provision of public service

      4. In order to obtain or reissue a license, the service recipient applies to the service provider through the e-government web portal www.egov.kz (hereinafter referred to as the portal) and provides the following documents:

      to obtain a license:

      1) one of the following applications:

      an application of a legal entity for obtaining a license and (or) annex to a license and for purchase of electric power for energy supply 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 purchase of electric power for energy supply in the form in accordance with Appendix 2 to these Rules;

      2) the information form on the presence of an order on creation of a service (personnel) that works with consumers - subscriber services, sections, in accordance with Appendix 3 to these Rules;

      3) a certificate from the bank on the availability of working capital in the amount of at least 10,000 Monthly Calculation Indexes;

      4) excluded by the order of the Minister of National Economy of the Republic of Kazakhstan dated 18.11.2022 No. 81 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication);

      5) title documents or a copy confirming its receipt for use, including under a lease, sublease agreement for a building or premises for working with consumers and placing subscriber services (except for information obtained from information systems);

      for license reissuance, one of the following applications:

      1) an application of a legal entity for re-issuing a license and (or) annex to a license for purchase of electric power for energy supply in the form in accordance with Appendix 4 to these Rules;

      2) an application of an individual for re-issuing a license and (or) annex to a license for purchase of electric power for energy supply in the form in accordance with Appendix 5 to these Rules.

      The service provider receives information about identity documents, state registration (re-registration) of a legal entity confirming ownership of real estate, about payment of a license fee to the budget for the right to engage in this activity, about a license, from the relevant state information systems through the gateway of the "electronic government".

      Footnote. Paragraph 4 as amended by the order of the Minister of National Economy of the Republic of Kazakhstan dated 18.11.2022 No. 81 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

      5. The list of basic requirements for provision of state service, including the characteristics of the process, the form, content and result of provision of a state service as well as other information, taking into account the specifics of provision of a state service, are set out in the list of basic requirements for provision of a state service “Issuance of a icense to engage in the purchase electric powerfor energy supply” in accordance with Annex 6 to these Rules.

      Footnote. Paragraph 5 as amended by the order of the Minister of National Economy of the Republic of Kazakhstan dated 18.11.2022 No. 81 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

      6. When the service recipient applies with an application, the service provider accepts and registers them on the day of receipt of the documents (if received after 18:00, the application is registered on the next working day, on weekends and holidays in accordance with the Labor Code of the Republic of Kazakhstan, the acceptance of applications and the issuance of the results of provision of state service shall be carried out on the next working day) and conveys for execution to the responsible structural unit.

      Footnote. Paragraph 6 as amended by the order of the Minister of National Economy of the Republic of Kazakhstan dated 18.11.2022 No. 81 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

      7. When issuing a icense to engage in the purchase electric power for energy supply the total period for the provision of the state service shall not exceed 15 (fifteen) working days from the time or registration of the submitted documents.

      The result of the state service shall be sent in electronic form, signed by the EDS of the head of the service provider to the "personal account" of the service recipient on the portal.

      If a preliminary decision is made to refuse to provide the state service, the responsible structural unit shall notify the service recipient no later than three working days about the time and place (method) of the hearing, with the preliminary decision to refuse to provide the state service attached, so that the service recipient can express a position on preliminary decision.

      The hearing procedure shall be carried out in accordance with the Administrative Procedure – Processual Code of the Republic of Kazakhstan.

      Footnote. Paragraph 7 as amended by the order of the Minister of National Economy of the Republic of Kazakhstan dated 18.11.2022 No. 81 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

      8. The grounds for reissuance of the license shall be:

      1) changes in the surname, first name, patronymic (if any) of the individual- licensee;

      2) re-registration of an individual entrepreneur-licensee, change of his name or legal address;

      3) reorganization of the legal entity-licensee in accordance with the procedure determined by article 34 of the Law of the Republic of Kazakhstan "On permissions and notifications" (hereinafter - the Law On permissions and notifications);

      4) changes in the name and (or) location of the legal entity-licensee (if the address is indicated in the license);

      5) there is a requirement for re-registration in the laws of the Republic of Kazakhstan.

      The validities of subparagraphs 2) and 4) of part one of this paragraph shall not apply to cases when changes in the legal address of an individual entrepreneur-licensee occurred due to a change in the name of settlements, street names in accordance with the requirements of the Law of the Republic of Kazakhstan "On administrative and territorial structure of the Republic of Kazakhstan". Such changes in the address of the licensees and the object of the license are carried out through the integration of state information systems.

      Footnote. Paragraph 8 as amended by the order of the Minister of National Economy of the Republic of Kazakhstan dated 18.11.2022 No. 81 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

      9. When reissuing a license for purchase of electric power for energy supply, the total period for provision of public service does not exceed 3 (three) working days from the date of registration of the submitted documents.

      The result of the public service is sent in electronic form, signed by the EDS of the head of the service provider in the "personal account" of the service recipient on the portal.

      10. In case of reissuance of the license and (or) annex to the license, the service provider shall not verify the compliance of the service recipient with the qualification requirements, unless otherwise provided by the laws of the Republic of Kazakhstan, except for reissuance on the grounds provided for in paragraphs 4 and 5 of article 34 of the Law On permissions and notifications.

      Footnote. Paragraph 10 as amended by the order of the Minister of National Economy of the Republic of Kazakhstan dated 18.11.2022 No. 81 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

      11. The service provider, within 2 (two) working days from the date of registration of the submitted documents and information for obtaining and reissuing a license, verifies their completeness.

      If the applicant submits an incomplete package of documents, the service provider prepares a reasoned refusal to further consider the application and sends it to the applicant through the portal in the form of an electronic document.

      If a preliminary decision is made to refuse to provide the state service, the responsible structural unit shall notify the service recipient no later than three working days about the time and place (method) of the hearing, with the preliminary decision to refuse to provide the stateservice attached, so that the service recipient can express a position on preliminary decision.

      The hearing procedure shall be carried out in accordance with the Administrative Procedure – Processual Code of the Republic of Kazakhstan.";

      Information on the procedure for the provision of state services, as well as changes and (or) additions made to the by-laws and regulatory legal acts defining the procedure for the provision of state services, shall be sent by the service provider to the Unified Contact Center, according to subparagraph 13) of article 10 of the Law of the Republic of Kazakhstan "On state services" and to the operator of the information and communication infrastructure of “electronic government”, which accepts applications and issues results of the provision of the state service.

      Footnote. Paragraph 11 as amended by the order of the Minister of National Economy of the Republic of Kazakhstan dated 18.11.2022 No. 81 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

      12. Grounds for refusal to provide public service established by the legislation of the Republic of Kazakhstan:

      to obtain a license:

      1) the prohibition by the laws of the Republic of Kazakhstan to engage in a type of activity for this category of individual or legal entities;

      2) failure to pay the license fee;

      3) the applicant does not comply with the qualification requirements and the list of documents confirming compliance with them for purchase of electric power for energy supply, operation of gas pipelines, oil pipelines, oil product pipelines, approved by order of the Minister of National Economy of the Republic of Kazakhstan dated January 29, 2015 No. 60 (registered in Register of state registration of regulatory legal acts of the Republic of Kazakhstan under No. 10598);

      4) in relation to the service recipient there is a court decision (verdict) that has entered into legal force on suspension or prohibition of activities or certain types of activities subject to licensing;

      5) a temporary ban of the court on the issuance of a license to the applicant-debtor on the basis of the recommendation of the bailiff;

      6) establishing the inaccuracy of the documents submitted by the applicant for obtaining a license, and (or) the data (information) contained therein.

      to reissue the license:

      1) failure to pay a license fee;

      2) failure to provide or improper execution of a copy of documents containing information on changes that served as the basis for reissuing a license and (or) annex to a license, with the exception of documents, information from which is contained in state information systems;

      3) failure to provide or improper execution of other documents, the submission of which is provided for by the laws of the Republic of Kazakhstan;

      4) non-compliance of the applicant with the qualification requirements, in the case of verification provided for by the laws of the Republic of Kazakhstan.

Chapter 3. Procedure for appealing decisions, actions (inaction) of the service provider on the issues of provision of public services

      13. A complaint against the decision, actions (inaction) of the service provider on the issues of provision of public services can be submitted to the head of the service provider, the authorized body in charge of management in the field of natural monopolies, to the authorized body for assessment and control over the quality of provision of public services, in accordance with the legislation of the Republic of Kazakhstan.

      The service recipient's complaint received by the service provider, in accordance with paragraph 2 of Article 25 of the Law, is subject to consideration within 5 (five) working days from the date of its registration. The service recipient's complaint received by the authorized body for assessment and control over the quality of provision of public service is subject to consideration within 15 (fifteen) working days from the date of its registration.

      14. The term for consideration of a complaint by a service provider, the authorized body, 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 three working days from the date of extension of the period for considering a complaint informs the applicant in writing (when filing a complaint on paper) or electronically (when filing a complaint in electronic form), who filed a complaint on the extension of the term for consideration of the complaint, indicating the reasons for the extension.

      15. In cases of disagreement with the results of the provision of public service, the service recipient may apply to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

  Appendix 1
to the Rules for
provision of public services
"Issuance of a license for
purchase of electric power
for energy supply"
  Form

Application
of a legal entity to obtain a license and (or) an annex to license
to engage in the purchase of electric power for energy supply

      Footnote. Annex 1 as amended by the order of the Minister of National Economy of the Republic of Kazakhstan dated 18.11.2022 No. 81 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

      To ________________________________________________________________________

      (full name of the licensor)

      From ________________________________________________________________________

      (full name, location, business identification number of a legal entity (including a foreign legal entity),

      business identification number of a branch or 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 engage in

      _______________________________________________________________________________.

            (indicate the full name of the type of actvities and (or) subtype(s) of activities)

      Address of a legal entity_________________________________________________.

            (postal code, country (for a foreign legal entity), region, city, district, settlement, street name,

      house / building No.(fixed premises))

      E-mail______________________________________________.

      Phone numbers ______________________________________________.

      Fax __________________________________________________________.

      Bank account ________________________________________________.

            (account number, name and location of the bank)

      Address of the object of carrying out the activity or actions (operations)

      ____________________________________________________________________

            (postal code, region, city, district, settlement, street name, house / building No.(stationary premises)

      Information about the existence of an order to create a service that ensures work with

      consumers - subscriber services, sites:

      1) number of the order on creation of a service_______________________________;

      2) date of signing the order ______________________________________;

      3) surname, name, patronymic (if any) of the responsible person

      ______________________________________________________________.

      Information on the availability of circulating assets in the amount of at least 10,000 monthly calculation indices:

      1) Bank name ___________________________________________;

      2) account number __________________________________________________;

      3) amount of the circulating assets (sum) _______________________________.

      Information on payment to the budget of the license fee for issuing a license, except for cases

      of payment through the payment gateway of the "electronic government":

      number and date of receipt_________________________________________.

      At the same time the service recipient meents the qualification requirements, established

      by the order of the Minister of National Economy of the Republic of Kazakhstan

      dated January 29, 2015 No. 60 "On approval of qualification requirements and a list of documents

      confirming  compliance with them, for purchase of electric power for energy supply, operation

      of main gas pipelines, oil pipelines, oil product pipelines" (registered in the Register of state

      registration of regulatory legal acts under No. 10598).

      It is hereby confirmed that:

      the applicant is not prohibited by the court from engaging in the licensed type and (or)

      subtype of activity;

      all attached documents are true and valid;

      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 a license ____________________________________.

      I hereby confirm that I am liable in accordance with the legislation of the Republic of Kazakhstan

      for the accuracy of the information submitted (filled in) by me.

      Head ___________________________________________________________

            (electronic digital signature) (surname, name, patronymic (if any)

      Date of filling in: "___"__________20___

  Annex 2
to the Rules for the provision
of state service "Issuance of a license
to engage in the purchase of electric
power for energy supply"

      Form

Application
of an individual for obtaining a license and (or) annex to the license to engage in the purchase of electric power for energy supply

      Footnote. Annex 2 as amended by the order of the Minister of National Economy of the Republic of Kazakhstan dated 18.11.2022 No. 81 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

      To ________________________________________________________________________

            (full name of the licensor)

      from _______________________________________________________________________

            (surname, name, patronymic (if any) of the individual, individual identification number)

      I ask to issue a license and (or) annex to the license to engage in

      _______________________________________________________________________________.

      (indicate the full name of the type of actvities and (or) subtype(s) of activities)

      Residence address of the individual

      _______________________________________________________________________________.

      (postal code, region, city, district, settlement, street name, house / building No.)

      E-mail_________________________________________________________.

      Phone numbers _________________________________________________________.

      Fax _____________________________________________________________________.

      Bank account ___________________________________________________________.

            (account number, name and location of the bank)

      Address of the object of carrying out the activity or actions (operations)

      _______________________________________________________________________________.

      (postal code, region, city, district, settlement, street name, house / building No.(stationary premises)

      Information about the existence of an order to create a service that ensures work with consumers - subscriber services, sites:

      1) number of the order on creation of a service_________________________________________;

      2) date of signing the order _________________________________________________;

      3) surname, name, patronymic (if any) ответственного

      ______________________________________________________________________________.

      Information on the availability of circulating assets in the amount of at least 10,000 monthly calculation indices:

      1) Bank name _____________________________________________________;

      2) account number ____________________________________________________________;

      3) amount of the circulating assets (sum)_________________________________________.

      Information on payment to the budget of the license fee for issuing a license, except for cases

      of payment through the payment gateway of the "electronic government":

      number and date of receipt_________________________________.

      At the same time the service recipient meents the qualification requirements, established by the order

      of the Minister of National Economy of the Republic of Kazakhstan

      dated January 29, 2015 No. 60 "On approval of qualification requirements and a list of documents

      confirming  compliance with them, for purchase of electric power for energy supply, operation

      of main gas pipelines, oil pipelines, oil product pipelines" (registered in the Register of state

      registration of regulatory legal acts under No. 10598).

      It is hereby confirmed that:

      the applicant is not prohibited by the court from engaging in the licensed type and (or)

      subtype of activity;

      all attached documents are true and valid;

      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 a license _____________________________________.

      Н I hereby confirm that I am liable in accordance with the legislation of the Republic of Kazakhstan

      for the accuracy of the information submitted (filled in) by me.

      Individual __________________________________________________________.

            (electronic digital signature) (surname, name, patronymic (if any)

      Date of filling in: "___"__________20___

  Appendix 3
to the Rules for
provision of public services
"Issuance of a license for
purchase of electric power
for energy supply"
  Form

Information form for obtaining a license for implementation of the type of
activity for purchase of electric power for energy supply

      Information about the presence of an order on creation of a service working with

      consumers - subscriber services, sections:

      1) the number of the order on creation of the service ____________;

      2) the date of signing the order __________________________;

      3) Full name of responsible person _______________________.

  Appendix 4
to the Rules for
provision of public services
"Issuance of a license for
purchase of electric power
for energy supply"
  Form

Application
of a legal entity for reissuing a license and (or) annex to the license to engage in the purchase of electric power for energy supply

      Footnote. Annex 4 as amended by the order of the Minister of National Economy of the Republic of Kazakhstan dated 18.11.2022 No. 81 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

      To ________________________________________________________________________

      (full name of the licensor)

      from ________________________________________________________________________

            (full name, location, business identification number of a legal entity (including a foreign legal entity),

      business identification number of a branch or representative office of a foreign legal entity - if the legal

      entity does not have a business identification number)

      I ask to reissue license and (or) annex(es) to the license (underline as necessary)

      No. _________ от "___" _________ 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)

      To engage in__________________________________________________________

      (full name of the type of activities and (or) subtype of activities)

      according to the following ground(s) (indicate X in the relevant box):

      1) reorganization of a legal entity in accordance with the procedure, specified in article 34

      of the Law of the Republic of Kazakhstan "On permissions and notifications"

      (hereinafter – the Law) by (indicate X in the relevant box):

      merger __________________________________________________________________;

      reorganization ___________________________________________________________;

      joining ____________________________________________________________;

      division ________________________________________________________________;

      separation _______________________________________________________________;

      2) change of the name of the legal entity-licensee _____________________;

      3) change of location of the legal entity-licensee _________________;

      4) alienation by the licensee of the license issued under the class "permissions, issued for objects",

      together with the object in favor of third parties in cases where alienation of the license

      is provided for in Annex 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 "permissions issued or for annexes to the license

      indicating the 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 the name of the subtype of activity ______________________________.

      Address of a legal entity__________________________________________________.

      (country – for a foreign legal entity, postal code, region, city, district, settlement, street name,

      house / building No.(stationary premises)

      E-mail_________________________________________________________.

      Phones ________________________________________________________________.

      Fax _____________________________________________________________________.

      Bank account ___________________________________________________________.

            (account number, name and location of the bank)

      Address of the object of carrying out the activity or actions (operations)

      _______________________________________________________________________________.

      (postal code, region, city, district, settlement, street name, house / building No.(stationary premises)

      Information on payment to the budget of the license fee for reissuing a license, except for cases

      of payment through the payment gateway of the "electronic government":

      number and date of receipt___________________________________________.

      It is hereby confirmed that:

      the applicant is not prohibited by the court from engaging in the licensed type and (or)

      subtype of activity;

      all attached documents are true and valid;

      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 a license ____________________________________.

      I hereby confirm that I am liable in accordance with the legislation of the Republic of Kazakhstan

      for the accuracy of the information submitted (filled in) by me.

      __________________________________.

      Head ____________________________________________________.

      (electronic digital signature) (surname, name, patronymic (if any)

      Date of filling in: "__" _________ 20__

  Annex 5
  to the Rules for the provision of state service
  "Issuance of a license to engage in the purchase
  of electric power for energy supply"

      Form

Application
of an individual for reissuing a license and (or) annex to the license to engage in the purchase of electric power for energy supply

      Footnote. Annex 5 as amended by the order of the Minister of National Economy of the Republic of Kazakhstan dated 18.11.2022 No. 81 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

      To ________________________________________________________________________

            (full name of the licensor)

      от________________________________________________________________________

            (surname, name, patronymic (if any) of the individual, individual identification number)

      I ask to re-issue the license and (or) annex to the license (underline as necessary)

      No.____________ dated ______ 20___, issued by __________ (number(s) of the license

      and (or) annex(s) to the license, date of issue, name of the licensor

      who issued ___________________________ license and (or) annex(s)

      to the license) to engage in________________________________________________________.

      (full name of the type of activities and (or) subtype of activities) according to the following

      ground(s) (indicate X in the relevant box):

      1) change of the surname, name, patronymic (if any) of the individual - lisencee

      _____________________________________________________________________;

      2) re-registration of an individual entrepreneur – licensee, change of his/her name

      __________________________________________________________________;

      3) re-registration of an individual entrepreneur – licensee, change of his/her legal address

      ____________________________________________________________;

      4) alienation by the licensee of a license issued under the class “permissions issued for objects”,

      together with the object, in favor of third parties in cases where the alienation of the license

      is provided for in Annex 1 to the Law of the Republic of Kazakhstan "On permissions

      and notifications" _____________________________________________________________;

      5) changing the address of the location of an object without physically moving it for a license

      issued under the class “permits issued for objects” or for applications to a license indicating objects;

      6) presence of a requirement for re-registration in the laws of the Republic of Kazakhstan______

      _____________________________________________________________________________;

      7) change of the name of the type of activities _______________________;

      8) change of the name of the subtype of activities ____________________.

      Residence address of the individual ____________________________________.

            (postal code, region, city, district, settlement, street name, house / building No.)

      E-mail_________________________________________________________.

      Phones ________________________________________________________________.

      Fax _____________________________________________________________________.

      Bank account ___________________________________________________________.

            (account number, name and location of the bank)

      Address of the object of carrying out the activity or actions (operations)

      ______________________________________________________________________________.

      (postal code, region, city, district, settlement, street name, house / building N (stationary premises)

      Information on payment to the budget of the license fee for reissuing a license, except for cases

      of payment through the payment gateway of the "electronic government":

      number and date of receipt____________________________________________________.

      It is hereby confirmed that:

      the applicant is not prohibited by the court from engaging in the licensed type and (or)

      subtype of activity;

      all attached documents are true and valid;

      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 a license ________

      ________________________________________________________________________________.

      I hereby confirm that I am liable in accordance with the legislation of the Republic of Kazakhstan

      for the accuracy of the information submitted (filled in) by me.

      Individual _________________________________________________________.

            (electronic digital signature) (surname, name, patronymic (if any)

      Date of filling in: "__" _________ 20__

  Annex 6
to the Rules for the provision of state service
  "Issuance of a license to engage in the purchase
  of electric power for energy supply"

List
of basic requirements for the provision of state service "Issuance of a licens to engage in the purchase of electric power for energy supply"

      Footnote. Annex 6 as amended by the order of the Minister of National Economy of the Republic of Kazakhstan dated 18.11.2022 No. 81 (shall be enforced upon expiry of sixty calendar days after the date of its first official publication).

Name of the state service "Issuance of a license to engage in the purchase of electric power for energy supply"
Name of sub-type of the state service:
1. Issuance of the license
2. Reissuance of the license

1

Service provider name

Territorial bodies of the Committee for regulation of natural monopolies of the Ministry of National Economy of the Republic of Kazakhstan

2

Methods of provision of a state service

Acceptance of applications and documents and the issuance of the results of provision of state service are carried out through the web portal of "electronic government" www.egov.kz (hereinafter referred to as the portal):
1. Issuance of the license
2. Reissuance of the license.

3

Term of provision of a state service

When issuing a license - 15 (fifteen) working days;
When reissuing a license – 3 (three) workin days.

4

Term of provision of a state service

Electronic (fully automated) for all subtypes.

5

Result of provision of a state service

A license, a reissued license to engage in the purchase of electric power for energy supply, or a reasoned refusal to provide a state service in electronic form.
The form of providing the result of provision of a state service: electronic.

6

Amount of payment charged from the service recipient when rendering a state service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan

The state service is provided on a paid basis to individual and legal entities (hereinafter referred to as the service recipient).
For provision of a state service, a license fee is charged for the right to engage in certain types of activities, which, in accordance with the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget (Tax Code) shall be:
1) for issuing a license – 10 monthly calculation indexes (hereinafter - MCI);
2) for reissuing a license – 10 % от of the rate when issuing a license.
Payment of the license fee is carried out in cash and non-cash through second-tier banks and organizations that carry out certain types of banking operations.
When submitting an electronic request for a state service through the portal, payment can be made through the payment gateway of the "electronic government" (hereinafter - PGEG) or through second-tier banks.

7

Work schedule of the service provider and the objects of information

1) the service provider - from Monday to Friday from 9.00 to 18.30, with a lunch break from 13.00 to 14.30, except weekends and holidays in accordance with labor legislation of the Republic of Kazakhstan;
2) the portal - around the clock, except for technical breaks in connection with the repair works (when the service recipient applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, applications are accepted and the results of provision of a state service are issued on the next working day).

8

List of documents and information required from the service recipient for provision of a state service

To obtain a license:
application of a legal entity to obtain a license and (or) annex to the license in the form in accordance with Annex 1 to these Rules in the form of an electronic document certified by the electronic digital signature of the service recipient;
application of an individual to obtain a license and (or) annex to the license in the form in accordance with Annex 2 to these Rules in the form of an electronic document certified by the electronic digital signature of the service recipient;
form of information about the presence of an order for the creation of a service (personnel) that ensures work with consumers - subscriber services, areas, in accordance with Annex 3 to these Rules;
a certificate from the bank confirming the availability of working capital in the amount of at least 10,000 monthly calculation indices;
title documents or a copy of evidence of its receipt for use, including under a lease, sublease agreement for a building or premises for working with consumers and hosting subscriber services (except for information received from information systems);
for renewal of a license: application of a legal entity for renewal of a license and (or) annex to the license in the form in accordance with Annex 3 to these Rules in the form of an electronic document certified by the electronic digital signature of the service recipient;
an application by an individual for renewal of a license and (or) annex to the license in the form in accordance with Annex 4 to these Rules in the form of an electronic document certified by the electronic digital signature of the service recipient.
The reliability of the submitted documents and information is ensured by the service recipient.

9

Grounds for refusal to provide a state service established by the legislation of the Republic of Kazakhstan

To obtain a license:
1) the prohibition by the laws of the Republic of Kazakhstan to engage in a type of activity for this category of individual or legal entities;
2) failure to pay the license fee;
3) the applicant does not comply with the qualification requirements and the list of documents confirming compliance with them to engage in the purchase of electric power for energy supply, operation of gas pipelines, oil pipelines, oil product pipelines, approved by the order of the Minister of National Economy of the Republic of Kazakhstan dated January 29, 2015 No. 60 (registered in Register of state registration of regulatory legal acts of the Republic of Kazakhstan under No. 10598) (hereinafter – the Qualification requirements);
4) in relation to the service recipient there is a court decision (sentence) that has entered into legal force on the suspension or prohibition of activities or certain types of activities subject to licensing;
5) a temporary court ban on issuing a license to the applicant-debtor based on the representation of an enforcement agent;
6) establishing the unreliability of the documents submitted by the applicant to obtain a license and (or) the data (information) contained therein.
For reissuing a license:
1) failure to pay a license fee;
2) failure to provide or improper execution of copies of documents containing information about changes that served as the basis for re-issuing a license and (or) annex to the license, with the exception of documents, information from which is contained in state information systems;
3) failure to provide or improper execution of other documents, the submission of which is provided for by the laws of the Republic of Kazakhstan;
4) the applicant’s non-compliance with qualification requirements, in case of verification provided for by the laws of the Republic of Kazakhstan.

10

Other requirements, taking into account the specifics of provision of a state service, including those provided in electronic form

The service recipient has the opportunity to receive state service in electronic form through the portal, subject to the presence of an EDS.
The service recipient has the opportunity to receive information on the procedure and status of provision of state service in remote access mode through the "personal account" of the portal, as well as a unified contact center.
Contact phone numbers of reference services on the provision of state service are indicated on the Internet resource www.moa.gov.kz.
The unified contact center: 1414, 8 800 080 7777.

  Appendix
to the order
dated June 5, 2020 № 47

List of invalid orders of the Ministry of National Economy of the Republic of Kazakhstan

      1. Order of the Minister of National Economy of the Republic of Kazakhstan dated March 20, 2015 No. 245 "On approval of public service standards in the field of regulation of natural monopolies" (registered in the Register of state registration of regulatory legal acts under No. 11019, published on May 20, 2015 in the Information and Legal System "Adilet").

      2. Order of the Minister of National Economy of the Republic of Kazakhstan dated April 27, 2015 No. 362 "On approval of the Regulations for public services in the field of regulation of natural monopolies" (registered in the Register of state registration of regulatory legal acts under No. 11214, published on June 22, 2015 in the Information and Legal System "Adilet").

      3. Order of the Minister of National Economy of the Republic of Kazakhstan dated January 28, 2016 No. 38 "On amendments to the order of the Minister of National Economy of the Republic of Kazakhstan dated March 20, 2015 No. 245 "On approval of public service standards in the field of regulation of natural monopolies" (registered in the Register of state registration of regulatory legal acts under No. 13293, published on March 9, 2016 in the Information and Legal System "Adilet").

      4. Order of the Minister of National Economy of the Republic of Kazakhstan dated February 24, 2016 No. 96 "On amendments to the order of the Minister of National Economy of the Republic of Kazakhstan dated April 27, 2015 No. 362 "On approval of the Regulations for public services in the field of regulation of natural monopolies" (registered in the Register of state registration of regulatory legal acts under No. 13518, published on April 5, 2016 in the Information and Legal System "Adilet").

      5. Order of the Minister of National Economy of the Republic of Kazakhstan dated June 30, 2016 No. 299 "On amendments and additions to the order of the Minister of National Economy of the Republic of Kazakhstan dated March 20, 2015 No. 245 "On approval of public service standards in the field of regulation of natural monopolies" (registered in Register of state registration of regulatory legal acts under No. 14031, published on August 12, 2016 in the Information and Legal System “Adilet”).

      6. Order of the Minister of National Economy of the Republic of Kazakhstan dated September 26, 2016 No. 422 "On amendments and additions to the order of the Minister of National Economy of the Republic of Kazakhstan dated April 27, 2015 No. 362 "On approval of the Regulations for public services in the field of regulation of natural monopolies" (registered in Register of state registration of regulatory legal acts under No. 14361, published on November 10, 2016 in the Information and Legal System "Adilet").

      7. Order of the acting Minister of National Economy of the Republic of Kazakhstan dated March 15, 2017 No. 117 "On amendments to the order of the Minister of National Economy of the Republic of Kazakhstan dated March 20, 2015 No. 245 "On approval of public service standards in the field of regulation of natural monopolies" (registered in Register of state registration of regulatory legal acts under No. 15019, published on April 28, 2017 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      8. Order of the Minister of National Economy of the Republic of Kazakhstan dated July 11, 2017 No. 275 "On amendments and additions to the order of the Minister of National Economy of the Republic of Kazakhstan dated March 20, 2015 No. 245 "On approval of public service standards in the field of regulation of natural monopolies" (registered in the Register of state registration of regulatory legal acts under No. 15480, published on August 24, 2017 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      9. Order of the Minister of National Economy of the Republic of Kazakhstan dated September 25, 2017 No. 341 "On amendments and additions to the order of the Minister of National Economy of the Republic of Kazakhstan dated April 27, 2015 No. 362 "On approval of the Regulations for public services in the field of regulation of natural monopolies" (registered in the Register of state registration of regulatory legal acts under No. 15868, published on October 19, 2017 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      10. Order of the Minister of National Economy of the Republic of Kazakhstan dated April 28, 2018 No. 166 "On amendments to the order of the Minister of National Economy of the Republic of Kazakhstan dated March 20, 2015 No. 245 "On approval of public service standards in the field of regulation of natural monopolies" (registered in the Register of state registration of regulatory legal acts under No. 16889, published on May 23, 2018 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      11. Order of the Minister of National Economy of the Republic of Kazakhstan dated June 13, 2018 No. 215 "On amendments to the order of the Minister of National Economy of the Republic of Kazakhstan dated April 27, 2015 No. 362 "On approval of the Regulations for public services in the field of regulation of natural monopolies" (registered in the Register of state registration of regulatory legal acts under No. 17120, published on July 9, 2018 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      12. Order of the Minister of National Economy of the Republic of Kazakhstan dated November 28, 2018 No. 87 "On amendments to the order of the Minister of National Economy of the Republic of Kazakhstan dated March 20, 2015 No. 245 "On approval of public service standards in the field of regulation of natural monopolies" (registered in the Register of state registration of regulatory legal acts under No. 17835, published on December 7, 2018 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      13. Order of the Minister of National Economy of the Republic of Kazakhstan dated January 17, 2019 No. 8 "On amendments to the order of the Minister of National Economy of the Republic of Kazakhstan dated April 27, 2015 No. 362 "On approval of the Regulations for public services in the field of regulation of natural monopolies" (registered in the Register of state registration of regulatory legal acts under No. 18218, published on January 23, 2019 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      14. Order of the Minister of National Economy of the Republic of Kazakhstan dated May 6, 2019 No. 35 "On amendments to the order of the Minister of National Economy of the Republic of Kazakhstan dated March 20, 2015 No. 245 "On approval of public service standards in the field of regulation of natural monopolies" (registered in the Register of state registration of regulatory legal acts under No. 18650, published on May 20, 2019 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

      15. Order of the Minister of National Economy of the Republic of Kazakhstan dated July 29, 2019 No. 71 "On amendments to the order of the Minister of National Economy of the Republic of Kazakhstan dated April 27, 2015 No. 362 "On approval of the Regulations for public services in the field of regulation of natural monopolies" (registered in the Register of state registration of regulatory legal acts under No. 19153, published on August 7, 2019 in the Reference Control Bank of regulatory legal acts of the Republic of Kazakhstan).

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