ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of August 5, 2019 No. 288

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

I ORDER:

1. Approve the enclosed list of some orders of the Ministry of Agriculture of the Republic of Kazakhstan to which changes are made.

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 in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information of the Republic of Kazakhstan" 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.

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 after ten calendar days after day of its first official publication.

It is approved Ministry of the industry and infrastructure development of the Republic of Kazakhstan

It is approved Ministry of national economy of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of August 5, 2019, No. 288

The list of some orders of the Ministry of Agriculture of the Republic of Kazakhstan to which changes are made (further - the List)

1. In the order of the acting minister of agricultural industry of the Republic of Kazakhstan of March 27, 2015 No. 4-2/266 "About approval of Rules of certification of producers of original and elite seeds, seeds of the first, second and third reproductions, implementors of seeds" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 11773, it is published on August 21, 2015 in information system of law of Ad_let):

The rules of certification of producers of original and elite seeds, seeds of the first, second and third reproductions, implementors of seeds approved by the specified order to be reworded as follows according to appendix 1 to the List.

2. In the order of the Minister of Agriculture of the Republic of Kazakhstan of May 6, 2015 No. 4-2/416 "About approval of standards of the state services in the field of seed farming" (it is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan at No. 11777, it is published on August 19, 2015 in information system of law of Ad_let):

1) of Item 1 to exclude the subitem;

to be reworded as follows the standard of the state service "Certification of Producers of Original, Elite Seeds, Seeds of the First, Second and Third Reproductions and Implementors of Seeds" approved by the specified order according to appendix 2 to the List;

to be reworded as follows the standard of the state service "State Testing of Agricultural Plants for Economic Usefulness" approved by the specified order according to appendix 3 to the List.

3. 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 of the Republic of Kazakhstan at No. 11455, it is published on July 23, 2015 in information system of law of Ad_let):

state Item 3 in the following edition:

"3. The state service appears local executive bodies of areas, Nour-Sultan's cities, Almaty and Shymkent, 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 web portal of "the electronic government" www.egov.kz (further - the portal).".

Appendix 1

to the List of some orders of the Minister of Agriculture of the Republic of Kazakhstan to which changes are made

Approved by the Order of the acting minister of agricultural industry of the Republic of Kazakhstan of March 27, 2015 No. 4-2/266

Rules of certification of producers of original and elite seeds, seeds of the first, second and third reproductions, implementors of seeds

Chapter 1. General provisions

1. These rules of certification of producers of original and elite seeds, seeds of the first, second and third reproductions, implementors of seeds (further - Rules) are developed according to the subitem 6) of Item 1 of article 6 of the Law of the Republic of Kazakhstan of February 8, 2003 "About seed farming" and determine procedure for certification of producers of original and elite seeds, seeds of the first, second and third reproductions, implementors of seeds.

2. In these rules the following basic concepts are used:

1) the certificate on certification - the document issued by local executive bodies of areas, cities of republican value and the capital (further - local executive body), testimonial of recognition by the state of activities of the certified producers of original and elite seeds, seeds of the first, second and third reproductions, implementors of seeds;

2) original seeds - the seeds made by the author of grade of agricultural plant authorized by it-faced or originatory grades and intended for production of elite seeds;

3) seeds of the first, second and third reproductions - the subsequent reproduction of seeds of elite by years: the first year - the first reproduction, the second year - the second reproduction, the third year - the third reproduction;

4) the applicant - the physical person or legal entity which submitted the application for the web portal of "the electronic government" (further - the web portal) for passing of certification and receipt of the certificate on certification;

5) superelite seeds - the seeds belonging to original, received from harvest of nursery of reproduction, conforming to requirements of national standards and other regulating documents in the field of seed farming and intended for production of elite seeds;

6) the producer of seeds - the physical person or legal entity performing activities in the field of seed farming;

7) seed-growing economy - the business entity certified by local executive body, enabling production and the realization of seeds of the first, second and third reproductions;

8) the implementor of seeds - the physical person or legal entity certified by local executive body, performing sales activity of batches of seeds of agricultural plants and (or) issue of the seed loan;

9) elite seeds - seeds of agricultural plants which are received from original or superelite seeds and conform to requirements of the legislation of the Republic of Kazakhstan on seed farming;

10) elite and seed-growing economy - the business entity certified by local executive body, enabling production and the realization of elite seeds;

11) the digital signature (further - the EDS) - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

3. Certification of producers of original seeds, elite and seed-growing farms, seed-growing farms, implementors of seeds is carried out by local executive body with issue of the certificate on certification according to the declared type of activity in form according to appendix 1 to these rules.

4. For carrying out certification of producers of original seeds, elite and seed-growing farms, seed-growing farms, implementors of seeds the resolution of local executive body creates permanent certifying commission (further - the commission) with numerical structure at least five people (the chairman and four members of the commission).

The commissions are included representatives of local executive body.

Working body of the commission is the Deraptment of Agriculture of local executive body of areas, managements on investments and development of entrepreneurship of the city Nour Sultan/management of entrepreneurship and investments of the city Almaty/management of entrepreneurship and industrial and innovative development of the city Shymkent (further - Working body).

5. The certificate on certification is granted according to the declared type of activity on condition of the applicant's compliance to requirements imposed respectively to the producers of original seeds, elite and seed-growing farms, seed-growing farms, implementors of seeds specified in appendix 2 to these rules (further - requirements).

6. The business entity who received the certificate on certification of elite and seed-growing economy and meeting requirements imposed to producers of original seeds can apply for receipt of the certificate on certification of the producer of original seeds.

The business entity who received the certificate on certification of seed-growing economy and meeting requirements imposed to seed-growing farms can apply for receipt of the certificate on certification of seed-growing economy.

Chapter 2. Procedure for certification of producers of original seeds, elite and seed-growing farms, seed-growing farms, implementors of seeds

7. For passing of certification and receipt of the certificate on certification the applicant submits the following documents, in electronic form by means of the web portal:

1) the statement for carrying out certification (recertification) certified by the EDS of uslugopoluchatel in form according to appendix 3 to these rules (further - the statement);

2) form of data on compliance to requirements imposed respectively to producers of original seeds, elite and seed-growing farms, seed-growing farms, implementors of seeds according to appendices 4, of 5, 6 and 7 to these rules.

8. In case of submission of the documents specified in Item 7 of these rules, the commission within five working days checks completeness of the provided data and with departure into place conducts examination of the applicant regarding compliance to the requirements specified in appendix 2 to these rules (according to the type of activity specified by the applicant in the statement).

In case of submission of incomplete data by the applicant the Working body gives motivated refusal in further review of the statement.

9. By results of inspection of the applicant by the commission within one working day the statement of inspection on compliance to requirements imposed to producers of original seeds, elite and seed-growing farms, seed-growing farms, implementors of seeds (further - the act of inspection), in form according to appendix 8 to these rules in duplicate is drawn up. One copy remains at the commission, the second is issued to the applicant.

10. The commission following the results of consideration of the act of inspection within two working days makes the decision on issue of the certificate on certification or on refusal in issue of the certificate on certification which is drawn up by the protocol and is signed by all members of the commission.

11. Based on the decision of the commission on issue of the certificate on certification within two working days the certificate on certification in electronic form, the authorized person of local executive body signed by the EDS goes to "personal account" of the applicant.

12. Aggregate term of consideration of the application constitutes ten working days from the date of representation by the applicant of the documents specified in Item 7 of these rules.

13. To the applicant who is not conforming to the requirements specified in appendix 2 to these rules, the local executive body during the term specified in Item 12 of these rules gives the motivated written answer with indication of cause of failure.

The decision of the commission can be appealed in the procedure established by the legislation of the Republic of Kazakhstan.

14. The refusal in carrying out certification of producers of original seeds, elite and seed-growing farms, seed-growing farms, implementors of seeds is performed according to Item 2 of article 19-1 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services".

15. The local executive body within two working days after issue of the certificate on certification provides the relevant information in the Ministry of Agriculture of the Republic of Kazakhstan in form according to appendix 9 to these rules.

16. The local executive body keeps the register of producers of original seeds, elite and seed-growing farms, seed-growing farms, implementors of seeds.

17. The certificate on certification is terminated ahead of schedule in case of:

1) refusal of the applicant of the type of activity provided by the certificate on certification;

2) death of the physical person. The working body based on the death certificate, the presented interested person, ahead of schedule terminates the certificate on certification;

3) liquidations of the legal entity.

The applicant represents the written notice of early termination of action of the certificate on certification to local executive body.

Producers of original seeds, elite and seed-growing farms, seed-growing farms, implementors of seeds action of certificates on certification of which are stopped ahead of schedule on the bases provided by this Item are excluded from the register of producers of original seeds, elite and seed-growing farms, seed-growing farms, implementors of seeds.

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