On approval of the rules for provision of public services in the field of forestry and specially protected natural areas

New Unofficial translation

Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated June 15, 2020 No. 143. Registered in the Ministry of Justice of the Republic of Kazakhstan on June 17, 2020 No. 20864

      Unofficial translation

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

      1. To approve the attached:

      1) Rules for provision of the public service "Coordination of construction sites for objects affecting the condition and reproduction of forests" in accordance with Appendix 1 to this order;

      2) Rules for provision of the public service "Coordination of works in the state forest fund, not related to forest management" in accordance with Appendix 2 to this order.

      2. The Committee for Forestry and Wildlife 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, 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 15, 2020 № 143

Rules for provision of public service "Coordination of construction sites for objects affecting the condition and reproduction of forest"

Chapter 1. General provisions

      1. The Rules for provision of public service "Coordination of construction sites for objects affecting the condition and reproduction of forest" (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 "Coordination of construction sites for objects affecting the condition and reproduction of forest" (hereinafter - the public service).

      2. The public service is provided by the Committee for Forestry and Wildlife of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan (hereinafter referred to as the service provider) to individual and (or) legal entities (hereinafter referred to as the service recipient).

      3. These Rules have been developed by the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan (hereinafter - the Ministry).

Chapter 2. Procedure for provision of public service

      4. To receive a public service, service recipients submit an application in the form in accordance with Appendix 1 to these Rules through the “electronic government” web portal www.egov.kz (hereinafter referred to as the portal).

      The list of basic requirements for provision of public service, including the characteristics of the process, the form, content and result of 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 "Coordination of construction sites for objects affecting the condition and reproduction of forest" in the form according to Appendix 2 to these Rules.

      The list of documents required for provision of public service when the service recipient applies:

      1) an application in the form in accordance with Appendix 1 to these Rules in the form of an electronic document certified by the EDS of the service recipient.

      2) an electronic copy of the map with a detailed indication of the areas.

      The status of acceptance of the request for provision of a public service is sent to the portal to the "personal account" of the service recipient.

      The service provider receives information about identity documents, about state registration (re-registration) of a legal entity, about state registration as an individual entrepreneur, or about starting an activity as an individual entrepreneur, about the conduct of a state ecological expertise and state sanitary and epidemiological expertise from the relevant state systems through the gateway of the "electronic government".

      If the service recipient applies after 5 p.m. or on weekends and holidays, in accordance with the Labor Code of the Republic of Kazakhstan dated December 23, 2017 and Article 5 of the Law of the Republic of Kazakhstan dated December 13, 2001 "On holidays in the Republic of Kazakhstan", the application is accepted and the result of provision of a public service is issued on the next working day.

      The service provider checks the completeness of the submitted documents on the day of receipt of the documents. If the service recipient submits an incomplete package of documents and (or) expired documents, the service provider refuses to accept the application and sends it in the form of an electronic document to the "personal account" of the service recipient.

      If a complete package of documents is submitted, the service provider, within 1 (one) working day from the date of registration, examines them for compliance with the requirements for coordination of construction sites for objects, established by article 53 of the Forest Code of the Republic of Kazakhstan dated July 8, 2003 (hereinafter - the Code) and prepares a letter of coordination of construction sites for objects affecting the condition and reproduction of forests, or a reasoned refusal to provide a public service. The result is sent to the "personal account" of the service recipient in the form of an electronic document signed with an electronic digital signature of the authorized person of the service provider.

      5. The service provider refuses to provide a public service on the following grounds:

      1) establishing the inaccuracy of the documents submitted by the service recipient for obtaining public service, and (or) the data (information) contained therein;

      2) inconsistency of the service recipient and (or) the submitted materials, data and information necessary for provision of public service with the requirements for coordination of construction sites for objects established by Article 53 of the Code.

      3) 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;

      4) 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.

      A reasoned refusal to provide a public service, signed by the electronic digital signature of the head of the service provider, is sent to the applicant in the form of an electronic document.

      6. 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 a 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 the service provider and (or) their officials on the issues of provision of public services

      7. A complaint against the decision, action (inaction) of the service provider on provision of public services can be submitted to the name of the head of the service provider, to the authorized body for assessment and control over the quality of provision of public services, in accordance with the Law.

      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 services is subject to consideration within 15 (fifteen) working days from the date of its registration.

      In cases of disagreement with the results of provision of a public service, the service recipient applies to the court in accordance with subparagraph 6) of paragraph 1 of Article 4 of the Law.

  Appendix 1
to the Rules for provision of
public service
“Coordination of construction sites
for objects affecting the condition
and reproduction of forests”
  Form
  To__________________________
(full name of the state body)
from
____________________________
(full name of individual or legal
entity)
Address of applicant
_________________________
____________________________
(zip code, city, district, region,
street, house No., telephone)
Applicant's details ____________
(for individuals - IIN, for legal
entities - BIN)
License information for project
activities __
____________________________
(number, date of issue)

Application

      I ask __________________________________________________________,

      (purpose of the application)

      _______________________________________________________________

      (name of the construction object)

      _______________________________________________________________

      (name of the site for construction of the object)

      with the aim of ________________________________________________________

      Conclusion of the state ecological expertise: _______________

      (expertise number, date of issue of the expertise)

      Conclusion of the state sanitary and epidemiological expertise:

      ________________________________________________________________

      (expertise number, date of issue of the expertise)

      Information on approval by the Regional territorial forestry and wildlife inspectorate at the construction site

      dated "__" _________ 20__ No. ________________

      The following is attached to the application:

      __________________________________________________________________

      __________________________________________________________________

      __________________________________________________________________

      I agree to the use of information constituting a secret protected by law,

      contained in information systems.

      I confirm the accuracy of the information provided and I am aware of the responsibility

      for providing false information in accordance with the laws of the Republic of Kazakhstan.

      ____________________________________________________________________

      (surname, name, patronymic (if any))

  Appendix 2
to the Rules for provision of
public service
“Coordination of construction sites
for objects affecting the condition
and reproduction of forests”

Public service standard "Coordination of construction sites for objects affecting the condition and reproduction of forest"

1

Service provider name

Committee of Forestry and Wildlife of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan (hereinafter - the service provider)

2

Methods of provision of a public service

web portal of "electronic government" www.egov.kz (hereinafter referred to as the portal)

3

Term for provision of a public service

From the moment of registration of documents - 1 (one) working day

4

Form of provision of a public service

Electronic (fully automated).

5

Result of provision of a public service

Coordination of construction sites for objects affecting the condition and reproduction of forest, or a reasoned refusal to provide a public service.
The form of providing the result of provision of a public service: electronic.

6

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

Free of charge.

7

Schedule

service provider - from Monday to Friday from 9.00 to 18.30, with a lunch break from 13.00 to 14.30, excluding weekends and holidays, in accordance with the Labor Code of the Republic of Kazakhstan dated December 23, 2017 (hereinafter - the Code) and article 5 of the Law of the Republic of Kazakhstan dated December 13, 2001 "On holidays in the Republic of Kazakhstan" (hereinafter - the Law).
portal - around the clock, with the exception of technical breaks in connection with the repair work (when the service recipient applies after 17.00, on weekends and holidays in accordance with the Code and the Law, applications are accepted and the results of provision of a public service are issued on the next working day).
The addresses of the places of rendering a public service are posted on the portal.

8

List of documents required for provision of a public service

1) an application in the form in accordance with Appendix 1 to these Rules;
2) an electronic copy of the map with a detailed indication of the areas.

9

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

1) establishing the inaccuracy of the documents submitted by the service recipient for obtaining public service, and (or) the data (information) contained therein;
2) non-compliance of the service recipient and (or) the submitted materials, data and information necessary for provision of a public service with the requirements for coordination of construction sites for objects established by Article 53 of the Forest Code of the Republic of Kazakhstan dated July 8, 2003;
3) 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;
4) 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.

10

Other requirements, taking into account the specifics of provision of a public service, including those provided in electronic form and through the State Corporation

The service recipient receives a public service in electronic form through the portal, subject to the availability of an electronic digital signature.
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 a 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 of the Republic of Kazakhstan "On public services" dated April 15, 2013.
The service recipient has the opportunity to receive information about the procedure and status of provision of a public service in remote access mode through the "personal account" of the portal, the service provider's referral services, as well as the Unified Contact Center: 1414, 8-800-080-7777.

  Appendix 2
to the order

Rules for provision of public service "Coordination of works in the state forest fund, not related to forest management"

Chapter 1. General provisions

      1. The Rules for provision of public service "Coordination of works in the state forest fund, not related to forest management" (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 "Coordination of works in the state forest fund, not related to forest management" (hereinafter referred to as the public service).

      2. The public service is provided by the Committee for Forestry and Wildlife of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan (hereinafter referred to as the service provider) to individual and (or) legal entities (hereinafter referred to as the service recipient).

      3. These Rules have been developed by the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan (hereinafter - the Ministry).

Chapter 2. Procedure for provision of public service

      4. To receive a public service, service recipients submit an application in the form in accordance with Appendix 1 to these Rules through the “electronic government” web portal www.egov.kz (hereinafter referred to as the portal).

      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 provision of public services, are set out in the public service standard "coordination of works in the state forest fund, not related to forest management" in the form in accordance with Appendix 2 to these Rules.

      The status of acceptance of the request for provision of a public service is sent to the portal to the "personal account" of the service recipient.

      The service provider receives information about identity documents, about state registration (re-registration) of a legal entity, about state registration as an individual entrepreneur, or about starting an activity as an individual entrepreneur, about conduct of a state ecological expertise and state sanitary and epidemiological expertise from the relevant state systems through the gateway of the "electronic government".

      If the service recipient applies after 5 p.m. or on weekends and holidays, in accordance with the Labor Code of the Republic of Kazakhstan dated December 23, 2017 and Article 5 of the Law of the Republic of Kazakhstan dated December 13, 2001 "On holidays in the Republic of Kazakhstan", the application is accepted and the result of provision of a public service is issued on the next working day.

      The service provider checks the completeness of the submitted documents on the day of receipt of the documents. If the service recipient submits an incomplete package of documents and (or) expired documents, the service provider refuses to accept the application and sends it in the form of an electronic document to the "personal account" of the service recipient.

      If a full package of documents is submitted, the service provider, within 1 (one) working day from the date of registration, examines them for compliance with the requirements for the works in the state forest fund, not related to forest management and forest use, established by article 54 of the Forest Code of the Republic of Kazakhstan dated July 8, 2003 (hereinafter referred to as the Code) and prepares a letter of coordination of works in the state forest fund that are not related to forest management, or a reasoned refusal to provide a public service. The result is sent to the "personal account" of the service recipient in the form of an electronic document signed with an electronic digital signature of the authorized person of the service provider.

      5. The service provider refuses to provide a public service on the following grounds:

      1) establishing the inaccuracy of the documents submitted by the service recipient for obtaining a public service, and (or) the data (information) contained therein;

      2) non-compliance of the service recipient and (or) the submitted materials, data and information necessary for provision of public service with the requirements for works in the state forest fund not related to forest management and forest use, established by Article 54 of the Code;

      3) 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;

      4) 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.

      A reasoned refusal to provide a public service, signed by the electronic digital signature of the head of the service provider, is sent to the applicant in the form of an electronic document.

      6. The service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of rendering a 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 the service provider and (or) their officials on the issues of provision of public services

      7. A complaint against the decision, action (inaction) of the service provider on provision of public services can be submitted to the name of the head of the service provider, to the authorized body for assessment and control over the quality of provision of public services, in accordance with the Law.

      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 services is subject to consideration within 15 (fifteen) working days from the date of its registration.

      In cases of disagreement with the results of provision of a public service, the service recipient applies to the court in accordance with subparagraph 6) of paragraph 1 of Article 4 of the Law.

  Appendix 1
to the Rules for provision of
public service
"Coordination of works in the state
forest fund, not related to forest
management"
  Form
  Committee of Forestry and
Wildlife of the
Ministry of ecology, geology and
natural resources of the
Republic of Kazakhstan
from________________________
(full name of a legal entity,
surname,
name, patronymic (if any)
of individual)

      Applicant's address ______________________________________________

      (zip code, city, district, region, street, house No., phone number)

      Applicant's details ________________________________________________

      (for individuals - IIN, for legal entities - BIN)

      License information for project activities _______________________

      (number, date of issue)

Application

      I ask ________________________________________________________,

      (purpose of the application)

      ____________________________________________________________________

      (name of the construction object)

      ____________________________________________________________________

      (name of the site for construction of the object)

      with the aim of ______________________________________________________________

      Conclusion of the state ecological expertise:

      _____________________________________________________________________

      (expertise number, date of issue of the expertise)

      Conclusion of the state sanitary and epidemiological expertise:

      _____________________________________________________________________

      (expertise number, date of issue of the expertise)

      1. The site is located in _____________ quarters of ___________________ forestry

      ____________________________________________________________________

      (name of the forestry institution)

      2. Land area _____________ hectare,

      including:

      forest, wooded __________ hectare,

      forest, not covered with forest: _______ hectare,

      including forest crops ______ hectare,

      lands _____ hectares,

      hayfields ______ hectares,

      not convenient (swamps and others) ______ hectare,

      pasture _______ hectares,

      roads _________ hectare,

      other lands _______ hectares.

      3. The forested area consists of:

Tract

Number of quarter

Allotment

Land area

Composition

Age class

Completeness

Stock of wood

Business

Firewood














































      4. Category of the forest fund _______________________________________

      5. Forestry features of the site _______________________________________

      _____________________________________________________________________

      6. Soil-geological characteristics: ____________________________________

      ____________________________________________________________________

      7. Forest cover of the administrative area ____________________________________

      8. Conditions for transfer of the requested area:

      a) transfer time _____________________________________________________

      b) the size of the permissible clearing and stubbing __________________________

      c) obligation of the recipient of the plot ____________________________________

      ____________________________________________________________________

      ____________________________________________________________________

      Application is attached with:

      _____________________________________________________________________

      _____________________________________________________________________

      _____________________________________________________________________

      _____________________________________________________________________

      I agree to the use of information constituting a secret protected by law, contained in information systems.

      I confirm the accuracy of the information provided and I am aware of the responsibility

      for providing false information in accordance with the laws of the Republic of Kazakhstan.

      Signature _____________________________________________________________

      (surname, name, patronymic (if any))

  Appendix 2
to the Rules for provision of
public service
"Coordination of works in the state
forest fund, not related to forest
management"

Public service standard "coordination of works in the state forest fund, not related to forest management"

1

Service provider name

Committee of Forestry and Wildlife of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan.

2

Methods of provision of a public service

Web portal of "electronic government" www.egov.kz (hereinafter referred to as the portal).

3

Term for provision of a public service

From the moment of registration of documents - 1 (one) working day.

4

Form of provision of a public service

Electronic (fully automated).

5

Result of provision of a public service

Coordination of works in the state forest fund, not related to forest management, or a reasoned refusal to provide a public service.
The form of providing the result of provision of a public service: electronic.

6

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

Free of charge.

7

Schedule

The service provider - from Monday to Friday from 9.00 to 18.30, with a lunch break from 13.00 to 14.30, with the exception of weekends and holidays, in accordance with the Labor Code of the Republic of Kazakhstan dated December 23, 2017 (hereinafter - the Code) and article 5 of the Law of the Republic of Kazakhstan dated December 13, 2001 "On holidays in the Republic of Kazakhstan" (hereinafter - the Law).
Portal - around the clock, with the exception of technical breaks due to repair works (when the service recipient applies after 5 pm, on weekends and holidays in accordance with the Code and the Law, applications are accepted and the results of provision of a public service are issued on the next working day).
The addresses of the places of rendering a public service are posted on the portal.

8

List of documents required for provision of a public service

Application, certified by the applicant's EDS, in the form in accordance with Appendix 1 to these Rules.

9

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

1) establishing the inaccuracy of the documents submitted by the service recipient for obtaining a public service, and (or) the data (information) contained therein;
2) inconsistency of the service recipient and (or) the submitted materials, data and information necessary for provision of a public service with the requirements for works in the state forest fund, not related to forest management and forest use, established by Article 54 of the Forest Code of the Republic of Kazakhstan dated July 8, 2003;
3) 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;
4) 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.

10

Other requirements, taking into account the specifics of provision of a public service, including those provided in electronic form and through the State Corporation

The service recipient receives a public service in electronic form through the portal, subject to the presence of an electronic digital signature.
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 a 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 of the Republic of Kazakhstan "On public services" dated April 15, 2013.
The service recipient has the opportunity to receive information about the procedure and status of provision of a public service in remote access mode through the "personal account" of the portal, the service provider's referral services, as well as the Unified Contact Center: 1414, 8-800-080-7777.


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