THE ORDER OF THE DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of June 12, 2018 No. 252

About introduction of amendments to some orders of the Minister of Agriculture of the Republic of Kazakhstan

I ORDER:

1. Bring the following changes in some orders of the Minister of Agriculture of the Republic of Kazakhstan:

1) in the order of the Minister of Agriculture of the Republic of Kazakhstan of December 12, 2014 No. 4-2/664 "About approval of Rules of subsidizing of development of seed farming" (it is registered in the Register of state registration of regulatory legal acts No. 10190, it is published on April 1, 2015 in information system of law of Ad_let):

The rules of subsidizing of development of seed farming approved by the specified order to be reworded as follows, according to appendix 1 to this order;

2) in the order of the Minister of Agriculture of the Republic of Kazakhstan of May 6, 2015 No. 4-2/419 "About approval of the standard of the state service "Seed Farming Development Subsidizing" (it is registered in the Register of state registration of regulatory legal acts No. 11455, it is published on July 23, 2015 in information system of law of Ad_let):

in the standard of the state service "Seed Farming Development Subsidizing" approved by the specified order:

state Items 3 and 4 in the following edition:

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

Order taking and issue of results of rendering the state service are performed through The Government for Citizens State corporation (further - the State corporation).

4. Terms of rendering the state service:

1) from the moment of delivery of documents in the State corporation - 8 (eight) working days.

Day of documents acceptance does not enter rendering the state service in time;

2) the most allowed time of expectation for delivery of necessary documents in the State corporation - 15 (fifteen) minutes;

3) the most allowed time of servicing of uslugopoluchatel in the State corporation - 20 (twenty) minutes.";

state Item 6 in the following edition:

"6. Result of rendering the state service - provision in territorial subdivision of treasury of the account register for payment for further transfer of receivable subsidies for bank accounts of uslugopoluchatel.

The state corporation sends to uslugopoluchatel the notification on paper with the decision on appointment / not purpose of subsidy signed by the authorized person of the service provider in forms according to appendices 1 and 2 to this standard of the state service.

Form of provision of result of rendering the state service: paper.";

state Items 8 and 9 in the following edition:

"8. The working schedule of the State corporation - Monday through Saturday inclusive, according to the established working schedule with

9-00 till 20-00 o'clock without interruption for lunch, except for days off and holidays according to the labor law of the Republic of Kazakhstan and article 5 of the Law of the Republic of Kazakhstan of December 13, 2001 "About holidays in the Republic of Kazakhstan".

The state service is rendered according to the procedure of "electronic" queue, in place of registration of uslugopoluchatel without the accelerated servicing.

9. Uslugopoluchatel (or his representative by proxy) represents to the State corporation:

1) for receipt of subsidies for actually acquired original seeds the request for receipt of subsidies for the acquired original seeds in form according to appendix 4 to this standard of the state service;

2) for receipt of subsidies for the superelite seeds which are actually used for crops (for cotton - original seeds, except for nurseries of reproduction) own production if the elite and seed-growing economy (further - элитсемхоз) is at the same time producer of original seeds (further - originator), the request for receipt of subsidies for the superelite seeds used for crops (for cotton - original seeds, except for nurseries of reproduction) own production in form according to appendix 5 to this standard of the state service;

3) for receipt of subsidies for actually acquired elite seeds the request for receipt of subsidies for the acquired elite seeds in form according to appendix 6 to this standard of the state service;

4) for receipt of subsidies for the self-produced elite seeds which are actually used for crops if the seed-growing economy (further - семхоз) is at the same time elitsemkhozy, the request for receipt of subsidies for the self-produced elite seeds used for crops in form according to appendix 7 to this standard of the state service;

5) for receipt of subsidies for actually acquired seeds of the first reproduction of oil-bearing crops, long-term and one-year herbs, barley, rice, potatoes and cotton (further - seeds of the first reproduction) the request for receipt of subsidies for the acquired seeds of the first reproduction in form according to appendix 8 to this standard of the state service;

6) for receipt of subsidies for actually acquired seeds of hybrids of the first generation of corn, sugar beet, colza, sunflower and cotton (further - seeds of hybrids of the first generation) the request for receipt of subsidies for the acquired seeds of hybrids of the first generation in form according to appendix 9 to this standard of the state service;

7) for receipt of subsidies for actually acquired elite saplings of fruit and berry cultures and grapes (further - elite saplings) the request for receipt of subsidies for the acquired elite saplings of fruit and berry cultures and grapes in form according to appendix 10 to this standard of the state service;

8) for receipt of receivable subsidies for the acquired elite seeds or seeds of the first reproduction and hybrids of the first generation (in case of provision of the right of receipt of subsidies to elitsemkhoz or semkhoz) the summary request created based on the applications of agricultural producers submitted through elite and seed-growing or seed-growing economy in form according to appendix 11 to this standard of the state service.

The employee of the State corporation receives data on the identity document of uslugopoluchatel, on registration of the legal entity from the corresponding state information systems through lock "the electronic government.".

Reclamation from uslugopoluchatel of documents which can be received from information systems is not allowed.

The employee of the State corporation receives the consent of uslugopoluchatel to use of the data which are the secret protected by the law, containing in information systems when rendering the state services if other is not stipulated by the legislation the Republic of Kazakhstan.

In case of delivery uslugopoluchatel of all necessary documents confirmation of adoption of the request is the receipt on acceptance of the relevant documents issued by the employee of the State corporation.

In the State corporation issue of ready documents to uslugopoluchatel is performed by his worker based on the receipt, in case of presentation of the identity document (or to his representative under the notarized power of attorney, the representative of the legal entity - according to the document confirming powers).

The state corporation provides storage of result within one month then transfers them to the service provider for further storage. In case of the address of uslugopoluchatel after one month, at the request of the State corporation the service provider within one working day sends ready documents to the State corporation for issue to uslugopoluchatel.";

state Item 10 in the following edition:

"10. In case of representation by uslugopoluchatel of incomplete document package, according to the list, stipulated in Item 9 these standards of the state service, and (or) documents with the expired effective period the employee of the State corporation refuses acceptance of the request and issues the receipt on refusal in documents acceptance in form according to appendix 12 to this standard of the state service.";

state Item 15 in the following edition:

"15. Addresses of places of rendering the state service are placed on:

1) Internet resource of the corresponding service provider;

2) Internet resource of the Ministry - www.mgov.kz;

3) Internet resource of the State corporation: www.con.gov.kz;

4) portal.";

state Item 17 in the following edition:

"17. Contact telephone numbers of service desks concerning rendering the state service are specified on the www.mgov.kz Internet resource. Single contact center: 1414, 8-800-080-7777.";

4, of 5, of 6, of 7, of 8, of 9, 10 and 11 to the specified standard of the state service to be reworded as follows appendices, according to appendices 2, of 3, of 4, of 5, of 6, of 7, 8 and 9 to this order.

2. To provide to department of production and conversion of crop products of the Ministry of Agriculture 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) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan after its official publication;

5) within ten working days after state registration of this order submission to Department of legal service of the Ministry of Agriculture of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2), 3) and 4) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

4. This order becomes effective from the date of the first official publication and extends to the relations which arose since March 14, 2017.

It is approved Minister of information and communications of the Republic of Kazakhstan July 25, 2018

_______________ D. Abayev

It is approved Minister of Finance of the Republic of Kazakhstan June 22, 2018

______________ B. Sultanov

It is approved Minister of national economy of the Republic of Kazakhstan June 30, 2018

______________ T. Suleymenov

Appendix 1

to the Order of the Deputy Prime minister of the Republic of Kazakhstan the Minister of Agriculture of the Republic of Kazakhstan of June 12, 2018 No. 252

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of December 12, 2014 No. 4-2/664

Rules of subsidizing of development of seed farming

Chapter 1. General provisions

1. These rules of subsidizing of development of seed farming (further - Rules) determine procedure for subsidizing of development of seed farming for the account and within the means provided in the local budget for the corresponding financial year (further - subsidies).

2. In priority procedure seeds of the grades and hybrids having the best indicators on productivity and other economic and valuable signs are subsidized (information on characteristics of grades and hybrids is posted on the website: http://www.mgov.kz).

Chapter 2. Receivers of subsidies

3. Subsidies intend for:

1) partial cost recovery of elite and seed-growing farms (further - элитсемхоз) for actually acquired original seeds;

2) partial cost recovery of elitsemkhoz for the superelite seeds which are actually used for crops (for cotton - original seeds, except for nurseries of reproduction) own production if элитсемхоз is at the same time producer of original seeds (further - originator). At the same time partial cost recovery is made to elitsemkhoz taking into account scientifically based requirement of superelite seeds (for cotton - original seeds, except for nurseries of reproduction) for providing planned production volume of elite seeds;

3) partial cost recovery of seed-growing farms (further - семхоз), agricultural producers (further - agricultural producers) and agricultural cooperatives (further - agricultural cooperatives) for actually acquired elite seeds;

4) partial cost recovery of semkhoz for the self-produced elite seeds which are actually used for crops if семхоз is at the same time elitsemkhozy. At the same time partial cost recovery is made to semkhoz taking into account scientifically based requirement of elite seeds for providing planned production volume of seeds of the first reproduction;

5) partial cost recovery of agricultural producers and agricultural cooperatives for actually acquired seeds of the first reproduction of oil-bearing crops, long-term and one-year herbs, barley, rice, potatoes and cotton (further - seeds of the first reproduction);

6) partial cost recovery of agricultural producers and agricultural cooperatives for actually acquired seeds of hybrids of the first generation of corn, sugar beet, colza, sunflower and cotton (further - seeds of hybrids of the first generation);

7) partial cost recovery of agricultural producers and agricultural cooperatives for actually acquired elite saplings of fruit and berry cultures and grapes (further - elite saplings).

Chapter 3. Conditions of receipt of subsidies

4. Subsidies are provided on condition of availability on the right of land use and (or) private property of the parcels of land of agricultural purpose of the respective area sowed by the seeds which are subject to subsidizing (in total) at the same time for agricultural cooperatives the total area of the parcels of land of agricultural purpose which is available on the right of land use and (or) private property for agricultural cooperative and (or) its members is considered.

5. The subsidies specified in the subitem 1) of Item 3 of these rules are paid when giving elitsemkhozy in The Government for Citizens State corporation (further - the State corporation) requests for receipt of subsidies for the acquired original seeds in form according to appendix 1 to these rules.

6. The subsidies specified in the subitem 2) of Item 3 of these rules are paid when giving elitsemkhozy in the State corporation of the request for receipt of subsidies for the superelite seeds used for crops (for cotton - original seeds, except for nurseries of reproduction) own production in form according to appendix 2 to these rules.

7. The subsidies specified in the subitem 3) of Item 3 of these rules are paid when giving semkhozy, agricultural producer or agricultural cooperative in the State corporation of the request for receipt of subsidies for the acquired elite seeds in form according to appendix 3 to these rules.

8. The subsidies specified in the subitem 4) of Item 3 of these rules are paid when giving semkhozy in the State corporation of the request for receipt of subsidies for the self-produced elite seeds used for crops in form according to appendix 4 to these rules.

9. The subsidies specified in the subitem 5) of Item 3 of these rules are paid when giving by agricultural producer or agricultural cooperative in the State corporation of the request for receipt of subsidies for the acquired seeds of the first reproduction in form according to appendix 5 to these rules.

10. The subsidies specified in the subitem 6) of Item 3 of these rules are paid when giving by agricultural producer or agricultural cooperative in the State corporation of the request for receipt of subsidies for the acquired seeds of hybrids of the first generation in form according to appendix 6 to these rules.

11. The subsidies specified in the subitem 7) of Item 3 of these rules are paid when giving by agricultural producer or agricultural cooperative in the State corporation of the request for receipt of subsidies for the acquired elite saplings of fruit and berry cultures and grapes in form according to appendix 7 to these rules.

12. The agricultural producer or agricultural cooperative can submit the application about payment of the subsidies which are due to it through элитсемхоз or семхоз at which it acquired at the reduced the price cost elite seeds, seeds of the first reproduction and hybrids of the first generation or elite saplings in form according to appendix 8 to these rules. In that case subsidies are paid to elitsemkhoz or semkhoz which submits to the State corporation the summary request created based on requests of the agricultural producers or agricultural cooperatives given through элитсемхоз or семхоз for form according to appendix 9 to these rules.

13. Elitsemkhoza, semkhoza, agricultural producers and agricultural cooperatives acquire the original and elite seeds, seeds of the first reproduction and hybrids of the first generation which are subject to subsidizing (further - seeds), and elite saplings respectively at originator, elitsemkhoz, semkhoz, implementors of seeds, the foreign companies and their official representatives in the Republic of Kazakhstan.

Chapter 4. Procedure of payments of subsidies

14. The subsidies specified in subitems 1), 2), 3), 4) and 7) of Item 3 of these rules are paid in the limits set by local executive body of area of quotas.

At the same time quotas are established proceeding from the structure of sown areas planned on area, scientifically based regulations of strain renovation and strain changing.

15. Payment of subsidies is performed depending on inclusion (non-inclusion) of grade or hybrid in the State register of the selection achievements recommended for use in the Republic of Kazakhstan, No. 434 approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of July 30, 2009 (it is registered in the Register of state registration of regulatory legal acts No. 5759) (further - the State registry). At the same time subsidies shall not exceed standard rates of subsidies for the seeds and elite saplings of fruit and berry cultures and grapes (further - standard rates of subsidies) specified in appendix 10 to these rules.

Standard rates of subsidies are established from calculation:

1) 70 percent from all-in cost of seeds and elite saplings - for the grades included in the State registry;

2) 30 percent from all-in cost of seeds and elite saplings - for grades, disconnect in the State registry.

If the cost of seeds and elite saplings is lower than the cost from which the standard rate of subsidies is calculated, calculation of subsidies is made from their actual cost taking into account the sizes of the subsidies specified in parts three and the fourth this Item.

If the cost of seeds and elite saplings is higher than the cost from which the standard rate of subsidies is calculated, the subsidy is equal to the standard rate of subsidies.

The subsidies specified in the subitem 5) of Item 3 of these rules are paid on the amount of seeds acquired on the square to 10 percent from the cultivated area of culture.

On condition of ensuring payment in necessary amount of the subsidies specified in subitems 1), 2), 3), 4), 6) and 7) of Item 3 of these rules and in case of additional assignment from the local budget in the corresponding financial year, the subsidies specified in the subitem 5) of Item 3 of these rules are paid on the area more than 10 interests from the cultivated area of culture.

Chapter 5. Payment procedure of subsidies and reporting under subsidizing

16. The department of agricultural industry of the area or city of regional value (further - department) provides the publication on Internet resource of akimat of the area (the city of regional value) and in local mass media of the announcement of the beginning of order taking for participation in the program of subsidizing with indication of documents acceptance terms on receipt of subsidies.

At the same time step-by-step submission of requests for receipt of subsidies depending on cultivation form (summer, winter) and the term of laying of gardens (vineyards) is considered.

17. The department within three working days from the moment of submission by the State corporation of the corresponding request for receipt of subsidies checks them regarding compliance to the forms specified in Items 5, of 6, of 7, of 8, of 9, of 10, of 11 both 12 these rules, and completeness of their filling.

In case of provision of the right of receipt of subsidies to elitsemkhoz or semkhoz the department constitutes the register of elitsemkhoz and semkhoz through which applications about payment of receivable subsidies are submitted, in form according to appendix 11 to these rules, and sends it to Deraptment of Agriculture of area (further - management of area).

18. Department within two working days after the end of verification of the request:

in case of the positive decision in provision of subsidy to the applicant - includes it in the list of the approved requests about payment of receivable subsidies in form according to appendix 12 to these rules;

in case of the negative decision - in writing notifies the applicant or the State corporation with indication of the refusal basis in issue of subsidies and constitutes the list of applicants on whom the negative decision in provision of subsidies, with indication of the refusal basis in issue of subsidies, in forms according to appendix 13, 14 to these rules is made;

sends to management of area the list of the approved requests about payment of receivable subsidies and the list of applicants on whom the negative decision in provision of subsidies is made.

19. Management of area within three working days after receipt of the list of the approved requests about payment of receivable subsidies represents to territorial subdivision of treasury the account register for payment and (or) the account for payment for transfer of receivable subsidies for the account of the applicant.

At the same time management of area checks the facts of independent giving by agricultural producer or agricultural cooperative of the request for subsidizing of seeds or elite saplings, and giving by the same agricultural producer or agricultural cooperative of the request through элитсемхоз or семхоз.

In case of identification of the facts of giving by agricultural producer or agricultural cooperative of the request about payment of receivable subsidies management of area refuses to elitsemkhoz or semkhoz through which the application of agricultural producer or agricultural cooperative is submitted. In this case the agricultural producer or agricultural cooperative pays extra to elitsemkhoz or semkhoz difference between market value of seeds or elite saplings and the amount paid with it.

In case of availability of the facts of realization of elitsemkhozama or semkhozama of seeds or elite saplings to agricultural producers or the agricultural cooperatives of other area which submitted requests about payment of receivable subsidies to the specified elitsemkhoza or semkhoza, management of area in the territory of which are элитсемхоз or семхоз constitutes the summary register of the elitsemkhoz and semkhoz which realized seeds or elite saplings to agricultural producers or agricultural cooperatives of other area on payment of subsidies for form according to appendix 15 to these rules, and sends it to management of area in the territory of which acreage of agricultural producers or agricultural cooperatives, for the purpose of non-admission of payment of subsidies to these agricultural producers or agricultural cooperatives are located.

20. The bases for refusal in issue of subsidies are:

1) establishment of unauthenticity of the documents submitted by originator, elitsemkhozy, semkhozy, agricultural producer or agricultural cooperative for receipt of the subsidies, and (or) these (data) containing in them;

2) discrepancy provided supplied and the information necessary for receipt of subsidies, to the requirements established by these rules;

3) if concerning originator, elitsemkhoz, the semkhoza, agricultural producer or agricultural cooperative is available the decision (sentence) of court on prohibition of activities or the separate types of activity requiring receipt of subsidies which took legal effect;

4) if concerning originator, elitsemkhoz, the semkhoza, agricultural producer or agricultural cooperative is available the judgment which took legal effect based on which originator, элитсемхоз, семхоз, the agricultural producer or agricultural cooperative is deprived of the special right connected with receipt of subsidies.

21. In case of complete development of the budgetary funds provided in the local budget for the corresponding financial year and lack of additional resources order taking stops.

22. Management of area represents to the Ministry of Agriculture of the Republic of Kazakhstan following the results of the first half of the year no later than July 10 in time, and following the results of year no later than January 20 of the year following for reporting, summary information on the provided subsidies by receivers of subsidies.

Summary information on the provided subsidies for development of seed farming is placed on Internet resource of local executive body of area in form according to appendix 16 to these rules, once a year, no later than December 31 of the corresponding year.

Appendix 1

to Rules of subsidizing of development of seed farming

Form

Department of agricultural industry

___________________ area

(cities of regional value)

The request for receipt of subsidies for the acquired original seeds

_______________________________________________________________________________,

(name of elite and seed-growing economy)

_______________________________________________________________________________

on behalf of the head (or his representative by proxy) ________________________

_______________________________________________________________________________,

(surname, name, middle name (in case of its availability), position)

acting on the basis of the _______________________________________________________

(constituent document)

asks to pay subsidies for cost recovery on acquisition of original seeds present (further - seeds)

________________________________________________________________________________

(crop, grade)

in quantity ____________ tons.

№	Data source *	Necessary data	Data
1	2	3	4
1.	The certificate of state registration (re-registration) – for the legal entity	BIN **
		registration number
		name
		location
		date of state registration
		by whom it is issued
2.	The identity document – for physical person	document number, proving the identity
		IIN **
		by whom it is issued
		date of issue
3.	The identification and (or) title document on the parcel of land	number of the act
		cadastral number
		area of everything, hectare
		including arable lands, hectare
		purpose
		number and date of issue of the identification document by whom it is issued
		name of the owner of the parcel of land or land user
4.	Certificate of bank of the second level or National operator of mail of availability of the current account	IIN/BIN **
		Kbe **
		bank details or National operator of mail: bank name or National operator of mail:
		BIC **
		IIK **
		BIN **
		Kbe **
5.	Source payment documents on the acquired seeds, delivery notes on shipment of seeds	number of the payment document (invoices, receipt and account cash orders and (or) payment orders)
		date of issue of the payment document
		name of the seller of seeds
		location address of the seller of seeds
		IIK ** seller of seeds
		number of commodity-transport delivery note
		culture, grade, reproduction
		unit of measure
		quantity (I will eat around)
		price including VAT ** (tenge)

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