ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 23, 2018 No. 365

About approval of Rules of giving and consideration of the applications on issue of licenses for investigation of solid minerals

According to Item 6 of article 188 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" and with the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" I ORDER:

1. Approve the enclosed Rules of giving and consideration of the applications on issue of licenses for investigation of solid minerals.

2. To provide to department of subsurface use of the Ministry for Investments and Development of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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 Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan after its official publication;

4) within ten working days after state registration of this order submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of actions, according to subitems 1), 2) and 3) this Item.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective since June 29, 2018 and is subject to official publication.

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of May 23, 2018 No. 365

Rules of giving and consideration of the applications on issue of licenses for investigation of solid minerals

Chapter 1. General provisions

1. These rules of giving and consideration of the applications on issue of licenses for investigation of solid minerals (further – Rules) are developed according to Item 6 of article 188 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" (further - the Code) and with the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further - the Law) and determines procedure for giving and consideration of the applications on issue of licenses for investigation of solid minerals.

2. The state service "Licensing for Investigation of Solid Minerals" (further – the state service) appears the Industry ministry and constructions of the Republic of Kazakhstan (further – the service provider).

3. The state service is rendered to the physical persons and legal entities performing activities in the field of subsurface use (further – uslugopoluchatel).

4. The license for investigation of solid minerals is granted on the territories determined by the management program the state fund of subsoil. The management program the state fund of subsoil affirms competent authority according to the subitem 1) of part two of article 60 of the Code.

5. The territory specified in the statement for licensing for investigation of solid minerals cannot be more than two hundred blocks.

6. Licensing for investigation of solid minerals is not allowed:

1) in cases stipulated in Item 2 articles 25 of the Code.

2) concerning the block which is completely located within the territory of the subsoil plot which is in use at other person for carrying out transactions on the hydrocarbon production including determined by mountain branch to the contract for subsurface use by hydrocarbons or the existing protocol on the conclusion of the contract for hydrocarbon production signed by results of the direct negotiations or following the results of tender on provision of the right of subsurface use which took place before enforcement of the Code without its consent;

3) concerning the block which is completely located within the territory of the subsoil plot provided for carrying out transactions on use of space of subsoil including the contract area determined by mountain branch to the construction contract and (or) operation of the underground constructions which are not connected with investigation and (or) production and also the territories concerning which the protocol on the conclusion of the contract by results of the direct negotiations or following the results of tender affects provision of the right of subsurface use which took place before enforcement of the Code;

4) concerning the block fully or partially relating to the territory of the site of investigation of solid minerals according to other license for investigation of solid minerals including the contract area determined by geological branch to the contract for subsurface use by solid minerals or popular minerals and also the territory concerning which the protocol on the conclusion of the contract for investigation of solid minerals or popular minerals by results of direct negotiations or following the results of tender affects provision of the right of subsurface use, taken place before enforcement of the Code;

5) concerning the block which is completely located within the territory of the site of production of solid minerals or the territory on which there is statement on licensing for production of solid minerals, including the contract area determined by mountain branch to the contract by solid minerals or popular minerals and also the territories concerning which the protocol on the conclusion of the contract for production of solid minerals or popular minerals by results of direct negotiations or following the results of tender affects provision of the right of subsurface use taken place before enforcement of the Code;

6) concerning the block which is completely located within the territory in which mitigation of consequences of investigation or production of solid minerals is carried out;

7) concerning the block which is completely located within the territory of the site of production of uranium.

7. The license for investigation of solid minerals, in addition to complete blocks, is also issued concerning the following incomplete (partial) blocks:

1) the block which parties completely cover:

the territory of the subsoil plot provided for carrying out transactions on use of space of subsoil, including determined by mountain branch to the construction contract and (or) operation of the underground constructions which are not connected with investigation and (or) production, or the existing protocol on the conclusion of the contract by results of direct negotiations or following the results of tender on provision of the right of subsurface use, took place before enforcement of the Code;

the territory of the subsoil plot provided for carrying out transactions on use of space of subsoil, including determined by mountain branch to the construction contract and (or) operation of the underground constructions which are not connected with investigation and (or) production, or the existing protocol on the conclusion of the construction contract and (or) operation of the underground constructions which are not connected with investigation and (or) the production signed by results of direct negotiations or following the results of tender on provision of the right of subsurface use, took place before enforcement of the Code;

the territory of the site of production of solid minerals or the territory on which there is statement on licensing for the production of solid minerals including determined by mountain branch to the contract by solid minerals or popular minerals or the existing protocol on the conclusion of the contract for production of solid minerals or popular minerals signed by results of the direct negotiations or following the results of tender on provision of the right of subsurface use which took place before enforcement of the Code;

the territory in which mitigation of consequences of investigation or production of solid minerals is carried out;

territory of the site of production of uranium;

2) the block which is partially located in the territories (territory) specified (specified) in the subitem 1) of this Item provided that such block has at least one general party with other incomplete (partial) or complete block and such general party is not located in the specified territories;

3) the block which partially belongs to the territories specified in Item 1 of article 25 of the Code.

Inclusion in the license for investigation of the block which is partially falling on the subsoil plot territory for carrying out transactions on hydrocarbon production or solid minerals is allowed only from written consent of subsoil users on these sites.

When licensing concerning incomplete (partial) blocks the territory of the site of investigation is considered created, including from such incomplete (partial) blocks on borders of the territories specified in subitems 1), 2) and 3) to part one of this Item. In case of the termination of the circumstances which formed the basis for forming of the incomplete (partial) block included in the license for investigation, this block is recognized complete for the purpose of delimitation of the territory of the site of investigation.

The rule provided in part three of this Item is not applied to the blocks which are partially relating to the territories specified in Item 1 of article 25 of the Code, and included in the territory of the site of investigation. Within such blocks the prohibition on carrying out transactions on subsurface use in that part in which these blocks mention the territories and objects, stipulated in Item 1 article 25 of the Code is applied.

Chapter 2. Procedure for rendering the state service

8. Uslugopoluchatel for receipt of the state service submits by means of single platform of subsoil users "Minerals.gov.kz" (further – EPN "Minerals.gov.kz") the statement for issue of licenses for investigation of solid minerals, with the provided documents specified in Item 8 of the List of the main requirements to rendering the state service "Licensing for Investigation of Solid Minerals" according to appendix to these rules.

Start date of acceptance by the service provider of statements for issue of licenses for investigation of solid minerals within the territories for the first time included in the management program by the state fund of subsoil and which are not relating to the territories specified in items 4 and the 5th article 278 of the Code is the date provided in the management program the state fund of subsoil approved according to the subitem 1) of article 60 of the Code, but not earlier than in two months from the date of approval of the management program by the state fund of subsoil or entering into it of corresponding changes.

If the territory of investigation specified in the statement includes part of the block in cases, stipulated in Item 6 these rules, for the purposes of determination of conditions of the license in case of consideration of the application the specified block is considered complete.

Copies of the documents enclosed to the application are subject to the notarial attestation.

The application is submitted in the Kazakh and Russian languages. The documents enclosed to the application are constituted in the Kazakh and Russian languages. The copies of the documents constituted in foreign language, enclosed to the application are represented with transfer into the Kazakh and Russian languages which fidelity is certified by the notary.

9. The moment of filing of application date and time of receipt of the statement by means of EPN "Minerals.gov.kz" is recognized to the service provider and is subject to accounting.

10. Statements are registered in EPN "Minerals.gov.kz" with indication of unique accounting number, date and time (hours, minutes) of registration.

Each statement is registered separately.

11. Data on the submitted application are subject to placement by the responsible on Internet resource of competent authority and in EPN "Minerals.gov.kz" within two days from the date of filing of application and contain:

1) for physical persons - surname, name, middle name (if it is specified in the identity document) the applicant;

for legal entities - the name of the applicant;

2) the code of the block (blocks) or coordinate of the territory determining the subsoil plot which the applicant asks to provide in use for investigation of solid minerals;

3) date and time of receipt of the statement.

The service provider supplements the placed data on Internet resource and in EPN "Minerals.gov.kz" with mark about issue or about refusal in licensing by results of consideration of the applications.

12. The service provider considers the application within 10 (ten) working days from the date of its receipt and, in the absence of the bases for refusal in licensing for investigation of solid minerals, stipulated in Item the 9th appendices to these rules, and also taking into account provisions of Items 16 and 17 of these rules sends to uslugopoluchatel the notification on need of provision of ensuring obligation fulfillment on mitigation of consequences of transactions on investigation of solid minerals, stipulated in Article 198 Codes.

13. The notification is placed on Internet resource of the service provider and in EPN "Minerals.gov.kz" within 5 (five) working days from the date of its direction to the applicant.

14. Ensuring obligation fulfillment on mitigation of consequences of transactions on investigation of solid minerals is provided by the applicant to the service provider by means of EPN "Minerals.gov.kz" no later than 40 (forty) working days from the date of the direction of the notification.

The service provider grants to uslugopoluchatel the license for investigation of solid minerals no later than 5 (five) working days from the date of representation of proper ensuring obligation fulfillment on mitigation of consequences of transactions on investigation of solid minerals or refuses its issue after 35 (thirty five) working days from the date of placement of the notification on Internet resource of the service provider and in EPN "Minerals.gov.kz"

15. If the block, stipulated in Item 6 these rules belongs to the territory specified in the statement, or the block which does not have the general party with other block of the declared territory, such block does not turn on in the license what the service provider notifies uslugopoluchatel by means of EPN "Minerals.gov.kz" on. Within 5 (five) working days from the date of receipt of the notification the uslugopoluchatel refuses all or part of subjects to provision to it blocks. If after the specified term the uslugopoluchatel did not refuse all blocks or refused part of blocks, the application is considered in essence taking into account provisions of this Item.

In the notification directed according to part one of this Item it is specified about the revealed discrepancies to the declared territory to requirements of the Code.

If any incomplete (partial) block or incomplete (partial) blocks specified in the statement do not answer the conditions provided in subitems 1), 2) and 3) of Item 7 of these rules, this block (blocks) also does not turn on (join) in the license by rules of part one of article 188 of the Code.

16. In case, stipulated in Item 15 these rules, the application is considered concerning the blocks specified in the statement, except for blocks, which are not subject to inclusion in the license, and blocks which the applicant refused.

17. If as a result of application of provisions of Items 15 and 16 blocks create two and more subjects to provision in use separate the subsoil plot which conform to requirements of Item 2 of article 19 of the Code, the service provider grants separate licenses for each of such subsoil plots. In this case the additional charge for licensing is not levied.

The blocks which do not have the general party with any of the blocks specified in part one of this Item are not taken into account the service provider in case of consideration of the application on licensing.

18. If the block specified in the statement for licensing is incomplete, such incomplete block is subject to inclusion in the granted license provided that it does not contradict provisions of Chapter 27 of the Code.

If the granted license for investigation of solid minerals turns on the incomplete (partial) block, for the purposes of calculation of number of blocks this block is considered by complete.

19. The statements on issue of licenses for investigation of solid minerals which are turning on the same block are considered by the service provider according to the procedure of priority of their receipt.

20. The statements on issue of licenses for investigation of solid minerals within the territories for the first time included in the management program by the state fund of subsoil which arrived within a month from the date of the beginning of their acceptance are considered without the provisions provided by Items 12, of 13, of 14, of 15, of 16, of 17 these rules and are considered having identical priority.

In case of lack of coincident blocks, the Service provider no later than 20 (twenty) working days after end date of reception of applications specified in part one of this Item sends to uslugopoluchatel the notification on need of provision of ensuring obligation fulfillment on mitigation of consequences of transactions on investigation of solid minerals, stipulated in Article 198 Codes, according to Items 12, of 13, of 14 these rules.

The service provider grants to uslugopoluchatel the license for investigation of solid minerals no later than 5 (five) working days from the date of representation of proper ensuring obligation fulfillment on mitigation of consequences of transactions on investigation of solid minerals or refuses its issue after 35 (thirty five) working days from the date of placement of the notification on Internet resource of the service provider and in EPN "Minerals.gov.kz".

If as a result of consideration of the applications, arrived during the term provided by part two of this Item it is determined that the same block (blocks) is included in several statements according to which the decision on refusal in licensing is not made, on this block (blocks) among uslugopoluchatel the auction according to the procedure and the terms determined by the service provider according to the subitem 2) of part two of Item 6 of article 278 of the Code is held.

21. The service provider no later than 20 (twenty) working days after end date of reception of applications specified in Item 20 of these rules determines blocks on which more than one application are submitted, and sends to the corresponding uslugopoluchatel the notification on coincident blocks.

The notification and the invitation to participation in auction is sent to the applicant about coincident blocks by the service provider on the e-mail address of uslugopoluchatel specified by it in the statement for the license. The specified notification shall contain also exact data on the web portal of the register on which the notice on holding the auction, codes of blocks of uslugopoluchatel by which priority is subject to determination following the results of auction, and the reference to the instruction for registration as the participant of auction will be published.

22. The notice on holding the auction is published by the service provider on the web portal of the register in the state and Russian languages not later than in 10 (ten) working days after the direction of the notification according to Item 21 of these rules.

23. The auction is held not earlier than in 10 (ten) working days, but no later than 15 (fifteen) working days from the date of the publication of the notice on holding the auction.

24. The biddings on object are conducted to most confirmed size of subscription bonus by one of participants. The auction in which only one participant was registered, is declared valid if the participant confirmed the starting size of subscription bonus.

Auction results on each sold object are drawn up by the protocol on results of auction which is signed on the web portal of the register by competent authority with use of the digital signature in day of holding the auction.

The protocol on results of auction is the document fixing results of auction and the obligation on payment of the size of the subscription bonus confirmed with the participant.

25. Following the results of auction the priority to turning on of the block (blocks) in the license is provided to the winner of auction according to the application submitted by it on the license.

The winner of auction (biddings) the participant who confirmed the maximum size of subscription bonus is recognized.

The subscription bonus is subject to payment by the winner no later than twenty working days from the date of signing of the protocol on auction results.

26. In case of failure to pay subscription bonus according to Item 25 of these rules, each subsequent participant according to the procedure of priority according to the register of results of auction taking into account the size of subscription bonus confirmed to them will be considered as the winner. To the following participant also passes priority to turning on of blocks (blocks) in the license according to the application submitted by it to the license. In this case the subscription bonus is subject to payment within ten working days from the date of the expiration of payment of subscription bonus for the previous participant of the auction which lost the status of the winner.

In case of failure to pay subscription bonus by any of participants the competent authority from the EDS on the web portal of the register signs the act of cancellation of results of auction.

27. The service provider grants to uslugopoluchatel the license for investigation of solid minerals no later than 5 (five) working days from the date of payment of the size of subscription bonus or refuses its issue after 5 (five) working days.

28. In case of identification of the bases for refusal in rendering the state service the service provider notifies uslugopoluchatel on the provisional solution about refusal in rendering the state service, and also time and the place (method) of carrying out hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution according to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further – APPK RK).

The notification on hearing goes at least in 3 (three) working days prior to completion of term of rendering the state service. Hearing is carried out no later than 2 (two) working days from the date of the notification.

By results of hearing the service provider draws up positive result or motivated refusal in rendering the state service.

29. Licensing for investigation of solid minerals or motivated refusal is result of rendering the state service.

30. The result of rendering the state service goes to personal account of EPN "Minerals.gov.kz" of uslugopoluchatel.

31. Availability of grammatical or arithmetic mistakes, typographical errors in the data specified in the statement (except data on the block (blocks) which do not influence decision making about licensing in essence and come to light, and also are checked by reconciliation with the documents enclosed to the application, is not the basis for refusal in licensing.

32. The refusal according to the subitem 9) of Item 9 of appendix to these rules is taken out without specifying of the reasons which formed the basis for such refusal.

33. The refusal in licensing does not deprive of uslugopoluchatel of the right to repeated filing of application.

34. According to the statement on licensing for investigation of solid minerals which is turning on only blocks which by the time of consideration of this statement are already included in other license for investigation of solid minerals the decision on refusal in licensing is made.

35. The next application is considered only after refusal in licensing according to the previous considered application.

The service provider starts consideration of the next statement after 10 (ten) working days from the date of the notification of the applicant by means of EPN "Minerals.gov.kz" about refusal in licensing according to the previous statement.

If the decision on refusal was appealed by uslugopoluchatel in court, the issue of consideration of the next statement is resolved by the service provider after entry into force of the judgment by results of consideration of the claim.

36. The service provider provides entering of data on stage of rendering the state service into information system of monitoring of rendering the state services, according to the subitem 11) of Item 2 of article 5 of the Law

37. Authorized body in the field of solid minerals within 3 (three) working days from approval date or change of the subordinate regulatory legal act determining procedure for rendering the state service staticize information on procedure for its rendering and sends to Single contact center.

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of the service provider concerning rendering the state services

38. The claim to the decision, actions (bezdeystviye) of the service provider concerning rendering the state services moves addressed to the head of the service provider in authorized body by assessment and control of quality of rendering the state services.

Consideration of the claim concerning rendering the state services is made by the higher administrative authority, the official, body considering the claim.

Claims are submitted to the service provider and (or) the official whose decision, action (failure to act) are appealed.

The service provider the official whose decision, action (failure to act) are appealed, no later than 3 (three) working days from the date of receipt of the claim send it to the body considering the claim.

At the same time the service provider, the official, the decision, action (failure to act) are appealed, does not send the claim to the body considering the claim if he within 3 (three) working days makes the decision or administrative action which is completely meeting the requirements specified in the claim.

The claim of uslugopoluchatel which arrived to authorized body according to Item 2 of article 25 of the Law is subject to consideration within 5 (five) working days from the date of its registration.

The claim of uslugopoluchatel which arrived to the body considering the claim is subject to consideration within 15 (fifteen) working days from the date of its registration.

39. If other is not provided by the laws of the Republic of Kazakhstan, appeal to the court is allowed after appeal in pre-judicial procedure according to Item 5 of article 91 APPK RK.

Appendix

to Rules of giving and consideration of the applications on issue of licenses for investigation of solid minerals

List of the main requirements to rendering the state service "Licensing on I Will Part Solid Minerals"

1.	Name of the service provider	Industry ministry and constructions of the Republic of Kazakhstan.
2.	Methods of provision of the state service	Reception of an application and issue of result of rendering the state service are performed through single platform of subsoil users "Minerals.gov.kz" (further – EPN "by Minerals.gov.kz)
3.	Term of rendering the state service	issue of licenses for investigation of solid minerals: 1) consideration of the application on compliance to Rules and the direction of the notification on need of provision of ensuring obligation fulfillment on mitigation of consequences of transactions on investigation of solid minerals, or motivated refusal in acceptance of the statement – 10 working days; 2) licensing or motivated refusal – 45 working days. issue of licenses for investigation of solid minerals within the territories for the first time included in the management program by the state fund of subsoil: 1) consideration of the application on compliance to Rules and the direction of the notification on need of provision of ensuring obligation fulfillment on mitigation of consequences of transactions on investigation of solid minerals, or motivated refusal in reception of an application – 20 working days; 2) licensing or motivated refusal – 45 working days. issue of licenses for investigation of solid minerals by means of auction: 1) the Notification to the applicant about coincident blocks and the invitation to participation in auction – 20 working days; 2) the Notice on holding the auction – 10 working days; 3) Holding the auction – 15 working days; 4) Payment of subscription bonus – 20 working days from the date of signing of the protocol on auction results (in case of failure to pay subscription bonus by the winner for each next 10 working days); 5) licensing or motivated refusal in case of failure to pay the amount of subscription bonus – 5 working days.
4.	Form of rendering the state service	Electronic (partially automated)
5.	Result of rendering the state service	licensing for investigation of solid minerals or motivated refusal.
6.	The amount of the payment levied from uslugopoluchatel when rendering the state service and methods of its collection in cases, stipulated by the legislation the Republic of Kazakhstan	Payment is performed according to Articles 726, 727 Codes of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget (Tax code)" except for issues of licenses within Article 201 and Item 11 of article 277 of the Code
7.	Working schedule of the service provider, State corporation and subjects of information	1) EPN "Minerals.gov.kz" – round the clock, except for technical breaks in connection with carrying out repair work (In case of the address of uslugopoluchatel after the termination of working hours, in festive and the days off, reception of applications and issue of results of rendering the state service is performed the next working afternoon.); 2) the service provider – Monday through Friday, according to the established working schedule from 9:00 till 18:30 o'clock, with lunch break from 13:00 till 14:30 o'clock, except for days off and holidays according to the Labor code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About holidays in the Republic of Kazakhstan";
8.	The list of the documents and data requested at uslugopoluchatel for rendering the state service	1. The statement contains the following data: 1) for physical persons – surname, name and middle name (if it is specified in the identity document) the applicant, the residence, nationality, data on identity documents of uslugopoluchatel; for legal entities – the name of uslugopoluchatel; its location, data on state registration as the legal entity (the statement from the trade register or other legalized document certifying that the applicant is legal entity by the legislation of foreign state), the information about the heads, legal entities and physical persons, states and international organizations directly or indirectly controlling uslugopoluchatel; 2) the document confirming the power of the person acting on behalf of uslugopoluchatel in case of filing of application if such person is appointed the applicant; 3) the written description of types, methods, methods, approximate terms by years and amounts of works on investigation which the uslugopoluchatel intends to carry out on the required subsoil plot; 4) the consent of person to licensing for investigation of solid minerals if on the required site or its part such person performs transactions on hydrocarbon production based on the contract for subsurface use; 5) the documents confirming availability at uslugopoluchatel of financial and professional opportunities to perform transactions on investigation of solid minerals; 6) the agreement on social and economic support of the local population provided by the subitem 1) of Item 3 of article 25 of the Code if the territory of the required subsoil plot fully or partially belongs to lands of settlements and to the territories adjoining to them at distance of one thousand meters; 7) the certificate of tax authority of absence at uslugopoluchatel of the tax debt exceeding the sixfold size of the monthly settlement indicator established for the corresponding financial year by the law on the republican budget issued not earlier than before ten calendar days preceding date of filing of application. To the application for licensing for investigation of solid minerals submitted according to the paragraph the second Item 5 of these rules in addition to the documents provided by this Item it is applied the conclusion of authorized body in the field of the state stimulation of the industry, confirmatory is attached that productive activity (engineering procedure) of the applicant is connected it (is connected) with subsurface use. 2. For confirmation of availability at uslugopoluchatel of the financial opportunities sufficient for carrying out transactions on investigation, one of the following documents is submitted: 1) the statement about remaining balance and movement of money according to the bank account in bank of the second level of the Republic of Kazakhstan or the National operator has mails, confirming availability (remaining balance), permanent during 30-days term, at uslugopoluchatel of money within three months preceding date of filing of application on licensing in the quantity sufficient for covering of required minimum expenses on investigation in the first year of action of the required license. If in any of days of the declared 30-days period as a result of transactions on movement of means the balance in cash appears less required by the subitem 1) part one of this Item, then such statement is not recognized the document confirming availability at the applicant of financial opportunities. In the presence at the applicant of several bank accounts of the second level for the purposes of confirmation of financial opportunities also data on remaining balance and movement of money on several accounts on which statements are provided can be considered in total; 2) the copy of the loan agreement of money (the provisional agreement of loan) or the agreement on financing of activities providing financing of activities of the applicant for investigation of solid minerals in quality of purpose of loan, and also confirming loan amount (financings) sufficient for covering of required minimum expenses on investigation in the first year of action of the required license; 3) the financial reporting of uslugopoluchatel with the audit report constituted according to the legislation of the Republic of Kazakhstan on auditor activities prepared for six consecutive calendar months or the previous calendar year preceding date of filing of application on licensing in which the size of net assets of the applicant exceeds its obligations at size of the minimum expenses on investigation in the first year of action of the required license; 4) the letter of the rating agency recognized by the stock exchange performing activities in the Republic of Kazakhstan about assignment to the applicant within the year preceding date of filing of application, rating assessment not below the minimum rating assessment determined by the service provider. If as the document confirming availability at uslugopoluchatel of financial opportunities the copy of the loan agreement of money (the provisional agreement of loan) is provided or the agreement on activities financing under which acts as the creditor (finances) the face which is not the financial organization one of the documents confirming availability at this person of the financial opportunities provided by subitems 1), 3) or 4) of this Item is in addition enclosed to the application. 3. For confirmation of availability at uslugopoluchatel of the professional opportunities sufficient for carrying out transactions on investigation, any of the following documents are represented: 1) the certificate of availability in staff of the specialist or the copy of the contract of rendering services with the specialist in the field of geology or geophysics; 2) the copy of the contract of rendering services with contract organization or agreements of rendering services of the operator appointed by the applicant according to Chapter 6 of the Code in case of issue to uslugopoluchatel of the required license for investigation in which state there is one of the specialists listed in the subitem 1) of this Item. If as the document confirming availability at uslugopoluchatel of professional opportunities copies of the contract of rendering services with contract organization are provided or agreements of rendering services of the operator appointed by the applicant according to Chapter 6 of the Code the certificate of availability at the attracted organization (operator) in staff of one of the specialists specified in the subitem 1) to part one of this Item, or the copy of the contract of rendering services with the corresponding specialist in addition is enclosed to the application.
9.	The bases for refusal in rendering the state service established by the laws of the Republic of Kazakhstan	The service provider refuses licensing in the presence of one of the following bases: 1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them; 2) discrepancy of uslugopoluchatel and (or) the provided materials, objects, supplied and the information necessary for rendering the state service, to the requirements established by regulatory legal acts of the Republic of Kazakhstan; 3) lack of consent of the uslugopoluchatel provided according to article 8 of the Law of the Republic of Kazakhstan "About personal data and their protection" on access to personal data of limited access which are required for rendering the state service. 4) the statement or documents attached to it do not conform to the requirements provided by the Code; 5) the documents required by these rules are not enclosed to the application; 6) within one year before filing of application at the uslugopoluchatel or person directly or indirectly controlling uslugopoluchatel or being under its control, the license for investigation or the license for production of solid minerals including fully or partially the required subsoil plot was revoked; 7) the required territory completely belongs to the territory and (or) blocks specified in Item 6 of these rules; 8) within one calendar year before filing of application the uslugopoluchatel or the person directly or indirectly controlling the applicant or being under its control refused the required subsoil plot or its part; 9) licensing will entail threat of homeland security of the country or concentration of the rights of subsurface use; 10) the territory of the required subsoil plot exceeds restriction on the size or does not conform to the requirements established by these rules; 11) within five years preceding date of filing of application, the uslugopoluchatel or the person directly or indirectly controlling uslugopoluchatel or being under its control did not perform or in an inadequate way fulfilled obligations on mitigation of consequences of transactions on subsurface use on the subsoil plots which were at them in use; 12) non-compliance by uslugopoluchatel of term of representation to the service provider of proper ensuring obligation fulfillment on mitigation of consequences of transactions on investigation of solid minerals according to requirements of the Code.
10.	Other requirements taking into account features of rendering the state service including rendered electronically and through the State corporation	Determine that the management program the state fund of subsoil shall provide start date of acceptance by competent authority of statements on issue of licenses for investigation of solid minerals within the territories for the first time included in the management program by the state fund of subsoil and which are not relating to the territories specified in items 4 and the 5th article 278 of the Code. The specified date is established not earlier than in two months from the date of approval of the management program by the state fund of subsoil or entering into it of corresponding changes. Establish the following features of consideration and issue of licenses for investigation of solid minerals within the territories for the first time included in the management program by the state fund of subsoil: 1) the statements which arrived within a month from the date of the beginning of their acceptance are considered without the provisions provided by Items 1, 2 and 3 articles 188 of the Code and are considered having identical priority; 2) if as a result of consideration of the applications, arrived during the term provided by the subitem 1) of this part it is determined that the same block (blocks) is included in several statements according to which the decision on refusal in licensing is not made, on this block (blocks) among applicants the auction according to the procedure and terms which are determined by competent authority is held. The refusal of participation in auction or absence on auction of the applicant is the basis for variation of its request on the corresponding block; 3) following the results of auction issue of licenses according to the statements specified in the subitem 2) to this part is performed according to Article 188 and regulations on priority of article 189 of this Code taking into account that the statement of person declared as the winner of auction is considered priority concerning the block (blocks) on which, (which) holds auction. The applications on licensing for investigation submitted later the expirations, provided by the subitem 1) of this part, are considered according to the regulations on consideration of the application and licensing for investigation of solid minerals provided by Chapter 27 of the Code. Addresses of rendering the state service it is placed on Internet resource of the service provider – www.miid.gov.kz. Contact telephone numbers of service desks concerning rendering the state service: 8 (7172) 983-334, single contact center concerning rendering the state services: 1414, 8 800 080 7777.

 

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