ORDER OF THE MINISTER OF ECCLESIASTICAL AFFAIRS AND CIVIL SOCIETY OF THE REPUBLIC OF KAZAKHSTAN

of July 26, 2017 No. 113

About introduction of amendments to the order of the Minister for Culture and Sports of the Republic of Kazakhstan of April 23, 2015 No. 147 "About approval of standards of the state services in the field of religious activities"

According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" I ORDER:

1. Bring in the order of the Minister for Culture and Sports of the Republic of Kazakhstan of April 23, 2015 No. 147 "About approval of standards of the state services in the field of religious activities" (registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan for No. 11183, published in information system of law of Ad_let on June 19, 2015) the following changes:

The standard of the state service "Carrying Out Registration and Re-registration of Persons Performing Missionary Activities" approved by the specified order to state 1) in edition according to appendix 1 to this order;

The standard of the state service "Approval of Activities of Foreign Religious Associations in the territory of the Republic of Kazakhstan" approved by the specified order to state 2) in edition according to appendix 2 to this order;

The standard of the state service "Approval of Appointment of Religious Associations as the Foreign Religious Centers of Heads in the Republic of Kazakhstan" approved by the specified order to state 3) in edition according to appendix 3 to this order;

The standard of the state service "Conducting Theological Examination" approved by the specified order to state 4) in edition according to appendix 4 to this order;

The standard of the state service "Issue of the Decision on Approval of Arrangement of Special Stationary Rooms for Distribution of Religious Literature and Other Information Materials of Religious Content, Objects of Religious Appointment" approved by the specified order to state 5) in edition according to appendix 5 to this order;

The standard of the state service "Issue of the Decision on Approval of Arrangement of Rooms for Holding Religious Actions outside Cult Buildings (Constructions)" approved by the specified order to state 6) in edition according to appendix 6 to this order;

The standard of the state service "Issue of the Decision on Construction of Cult Buildings (Constructions), Determination of Their Location" approved by the specified order to state 7) in edition according to appendix 7 to this order;

To state the standard of the state service "Issue of the Decision on Reshaping (Change of Functional Purpose) of Buildings (Constructions) to Cult Buildings (Constructions)" approved by the specified order in edition according to appendix 8 to this order.

2. To provide to committee on cases of religions of the Ministry of cases of religions and civil society of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on official Internet resource of the Ministry of cases of religions and civil society of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of cases of religions and civil society of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Ecclesiastical Affairs and civil society of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Minister of information and communications of the Republic of Kazakhstan 2017

D. Abayev

It is approved Minister of national economy of the Republic of Kazakhstan 2017

T. Suleymenov

Appendix 1

to the Order of the Minister of Ecclesiastical Affairs and civil society of the Republic of Kazakhstan of July 26, 2017 No. 113

Appendix 1

to the Order of the Minister for Culture and Sports of the Republic of Kazakhstan of April 23, 2015 No. 147

Standard of the state service "Carrying Out Registration and Re-registration of Persons Performing Missionary Activities"

Chapter 1. General provisions

1. The state service "Carrying Out Registration and Re-registration of Persons Performing Missionary Activities" (further - the state service).

2. The standard of the state service is developed by the Ministry of cases of religions and civil society of the Republic of Kazakhstan.

3. The state service appears local executive bodies of areas, cities of Astana and Almaty (further - the service provider).

Reception of an application and issue of result of rendering the state service is performed by office of the service provider.

Chapter 2. Procedure for rendering the state service

4. Terms of rendering the state service:

1) from the date of delivery of document package - 30 calendar days;

2) the most allowed time of expectation for delivery of document package - 30 (thirty) minutes;

3) the most allowed time of servicing - 30 (thirty) minutes.

5. Form of rendering the state service - paper.

6. Result of rendering the state service - the registration certificate (re-registrations) of the missionary in form, according to appendix 1 to this standard of the state service, or the motivated answer about refusal in rendering the state service in cases and on the bases, stipulated in Item 10 these standards of the state service.

Form of provision of result of rendering the state service - paper.

7. The state service is rendered to free of charge physical persons (further - uslugopoluchatel).

8. The working schedule of the service provider - Monday through Friday inclusive from 09:00 till 18:30 o'clock, lunch break from 13:00 till 14:30 o'clock, except days off and holidays, according to the labor law of the Republic of Kazakhstan.

Reception of an application and issue of result of rendering the state service is performed from 9:00 till 18:30 o'clock with lunch break from 13:00 till 14:30 o'clock.

Reception of an application is performed in turn, without making an appointment and the accelerated servicing.

9. The list of the documents necessary for rendering the state service in case of the address of uslugopoluchatel (or his representative by proxy) to the service provider:

1) the registration application (re-registration) of the missionary in form according to appendix 2 to this standard of the state service;

2) passport copy or identity certificates of uslugopoluchatel;

3) the document issued by religious consolidation on the right of implementation of missionary activities on behalf of religious consolidation;

4) the copy of the certificate or the certificate of state registration (re-registration) and the copy of the charter of religious consolidation which representative is the missionary;

5) the religious literature, other information materials of religious content, objects of religious appointment intended for missionary activities.

Foreigners and stateless persons in the Republic of Kazakhstan for registration (re-registration) as the missionary in addition submit the following documents:

1) the legalized or apostilled document certifying that religious consolidation which is represented by the missionary is officially registered by the legislation of foreign state;

2) the invitation of the religious consolidation registered in the Republic of Kazakhstan.

The documents issued by foreign states are represented with the fidelity of transfer into the Kazakh and Russian languages which is notarially certified in the Republic of Kazakhstan and the authenticity of the signature of the translator making transfer which is notarially certified in the Republic of Kazakhstan.

Confirmation of acceptance by the service provider of document package, listed in this Item from uslugopoluchatel, the copy of the application of uslugopoluchatel with stamp of the service provider containing date, time of acceptance and number of incoming documents with indication of surname, name, middle name (in the presence) of person who accepted documents is.

In representation cases uslugopoluchatel of incomplete document package according to the list provided by the standard of the state service, and (or) documents with the expired effective period the service provider refuses reception of an application.

10. The bases for refusal in rendering the state service are:

1) negative conclusion of theological examination;

2) the missionary activities posing threat to the constitutional system, public order, human rights and freedoms, health and morality of the population;

3) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them;

4) concerning uslugopoluchatel there is decision (sentence) of court on prohibition of activities or the separate types of activity requiring receipt of the state service which took legal effect;

5) the negative reply of authorized state body in the field of religions and civil society on request about approval which is required for rendering the state service, and also negative experimental testimony, researches or checks;

6) concerning uslugopoluchatel there is judgment which took legal effect based on which the uslugopoluchatel is deprived of the special right connected with receipt of the state service.

Chapter 3. Procedure for appeal of the decision, actions (failure to act) of the service provider and (or) his officials concerning rendering the state services

11. The claim to actions (failure to act) of the service provider and (or) his officials concerning rendering the state services moves addressed to the head of the service provider to the addresses specified in Item 14 of this standard of the state service.

Confirmation of adoption of the claim in office of the service provider which arrived as if on purpose, and by mail, its registration is (stamp, the entering number and registration date are put down on the second copy of the claim or the cover letter to the claim).

The claim of uslugopoluchatel which arrived to the service provider is subject to consideration within 5 (five) working days from the date of its registration.

In case of disagreement with results of the rendered state service the uslugopoluchatel can address with the claim to authorized body by assessment and control of quality of rendering the state services.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is considered within 15 (fifteen) working days from the date of its registration.

12. In disagreement cases with results of the rendered state service, the uslugopoluchatel has the right to take a legal action in the procedure established by the legislation.

Chapter 4. Other requirements taking into account features of rendering the state service

13. Features of rendering the state service to uslugopoluchatel with limited opportunities in case of the address to the service provider: the building is equipped with the ramps intended for access for physically disabled people.

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