of April 20, 2020 No. 151/Tax Code
About approval of Rules of rendering the state service "Licensing for Provision of Services in the field of Communication" and recognition voided structural elements of some orders of the Ministry for Investments and Development of the Republic of Kazakhstan and the Ministry of information and communications of the Republic of Kazakhstan
According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services", I ORDER:
1. Approve Rules of rendering the state service "Licensing for Provision of Services in the field of Communication" according to appendix 1 to this order.
2. Recognize invalid structural elements of some orders of the Ministry for Investments and Development of the Republic of Kazakhstan and the Ministry of information and communications of the Republic of Kazakhstan according to appendix 2 to this order.
3. To provide to committee of telecommunications of the Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on Internet resource of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan;
3) within ten working days after state registration of this order submission to Legal department of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.
4. To impose control of execution of this order on the supervising vice-minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan.
5. This order becomes effective after twenty one calendar days after day of its first official publication.
Minister of digital development, innovations and aerospace industry of the Republic of Kazakhstan
A. Zhumagaliyev
|
It is approved Ministry of national economy of the Republic of Kazakhstan |
|
Appendix 1
to the Order of the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of April 20, 2020 No. 151/Tax Code
1. These rules of rendering the state service "Licensing for Provision of Services in the field of Communication" (further - Rules) are developed according to Item 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" (further - the Law) and determine procedure for rendering the state service in licensing for renderings of services in the field of communication.
2. Licensing for provision of services in the field of communication is the state service (further - the state service).
3. For receipt of the state service physical persons and legal entities (further - uslugopoluchatel) by means of the web portal of "the electronic government" www.egov.kz, www.elicense.kz (further - the Portal) send to Committee of telecommunications of the Ministry of digital development, innovations and the aerospace industry of the Republic of Kazakhstan (further - the service provider) documents according to Item 8 of the standard of the state service (further - the Standard) according to appendix of 1 these rules:
The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service are stated in the Standard.
4. The office of the service provider in day of receipt of documents performs their acceptance, registration and transfers to execution to responsible structural division of the service provider (further - the worker of the service provider).
In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law, reception of applications and issue of results of rendering the state service is performed the next working afternoon.
The worker of the service provider within two working days from the moment of document registration, checks completeness of the submitted documents.
Receives the data on documents proving the identity, state registration (re-registration) of the legal entity, confirming payment of the license fee for the right of occupation with separate types of activity the service provider from the corresponding state information systems through lock of "the electronic government".
In case of representation uslugopoluchately incomplete document package the worker of the service provider in the terms specified in part three of this Item prepares motivated refusal in further review of the statement in electronic form signed by the digital signature (further - the EDS) the head of the service provider and sends to uslugopoluchatel to personal account of the portal.
5. For receipt of the license and (or) appendix to the license the uslugopoluchatel provides complete document package, specified in Item 8 of the Standard. The worker of the service provider within three working days considers the submitted documents on compliance of uslugopoluchatel to the qualification requirements approved by the order of the acting minister on investments and development of the Republic of Kazakhstan of January 20, 2015 No. 21 "About approval of qualification requirements and the list of the documents confirming the applicant's compliance on implementation of activities for provision of services in the field of communication" (it is registered in the Register of state registration of regulatory legal acts at No. 10373) (further - Qualification requirements). In case of compliance of uslugopoluchatel to qualification requirements, the worker of the service provider in the specified time creates the license and (or) appendices to the license, in case of not compliance to qualification requirements and on the bases, stipulated in Item 9 Standards the motivated refusal in further review of the statement in electronic form signed prepares the EDS of the head of the service provider and sends to uslugopoluchatel to personal account of the portal.
6. For pereformleniye of the license and (or) appendix to the license in cases of reorganization of legal person licensee in forms of allocation and separation the uslugopoluchatel provides complete document package specified in Item 8 of the Standard. The worker of the service provider within three working days considers the submitted documents on compliance to qualification requirements. In case of compliance of uslugopoluchatel to qualification requirements the worker of the service provider in the specified time renews the license and (or) appendices to the license, in case of not compliance to qualification requirements and on the bases, stipulated in Item 9 Standards the motivated refusal in further review of the statement in electronic form signed prepares the EDS of the head of the service provider and sends to uslugopoluchatel to personal account of the portal.
In case of renewal of the license and (or) appendix to the license, except cases of reorganization of legal person licensee in forms of allocation and separation, the worker of the service provider does not check for compliance of uslugopoluchatel to qualification requirements and within one working day renews the license.
7. Renewal of the license and (or) appendix to the license is performed in cases:
1) changes of surname, name, middle name (in case of its availability) physical person licensee;
2) re-registrations of the individual entrepreneur licensee, change of its name or legal address;
3) reorganization of legal person licensee in forms of merge, transformation, joining of legal person licensee to other legal entity, allocations and separations;
4) changes of the name and (or) the location of legal person licensee (in case of specifying of the address in the license);
5) changes of the name of type and (or) subspecies of activities.
Renewal of the license and (or) appendix to the license is not performed in the cases specified in subitems 2) and 4) to part one of this Item of Rules if changes of legal address of the individual entrepreneur licensee, location addresses of legal person licensee occurred in connection with change of the name of settlements, names of streets according to requirements of the Law of the Republic of Kazakhstan of December 8, 1993 "About the administrative-territorial device of the Republic of Kazakhstan".
Such address modifications of the licensees and objects specified in appendices to licenses are performed by means of integration of the state information systems.
8. The service provider provides entering of data on stage of rendering the state service into information system of monitoring of rendering the state services.
When rendering the state service by means of the state information system of permissions and notifications, data on stage of its rendering arrive in the automatic mode in information system of monitoring of rendering the state services.
9. Registration and account of the issued permissions is kept in the automatic mode in the state information system of permissions and notifications.
10. The claim to the decision, action (failure to act) of the service provider concerning rendering the state services can be submitted addressed to the head of the service provider, to higher state body and authorized body by assessment and control of quality of rendering the state services according to the legislation of the Republic of Kazakhstan.
The claim of uslugopoluchatel which arrived to the service provider and in higher state body according to Item 2 of article 25 of the Law is subject to consideration within five working days from the date of its registration.
The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within fifteen working days from the date of its registration.
In disagreement cases with results of rendering the state service the uslugopoluchatel takes a legal action in the procedure established by the legislation of the Republic of Kazakhstan.
to Rules of rendering the state service "Licensing for Provision of Services in the field of Communication"
See Appendix 1 (6Kb In original language)
to Rules of rendering the state service "Licensing for Provision of Services in the field of Communication"
Form
Coat of arms
License
"___" ___________ 20 ___ years No. _____________
It is issued ___________________________________________________________________
(full name, location, business and identification number
________________________________________________________________________________
legal entity (including foreign legal entity), business
identification number of branch or legal foreign mission
persons - in case of lack of business and identification number at legal
persons / completely surname, name, middle name (in case of availability), individual
identification number of physical person)
on occupation ___________________________________________________________________
(the name of the licensed type of activity according to the Law
The Republic of Kazakhstan of May 16, 2014 "About permissions and notifications")
Special conditions ______________________________________________________________
(according to article 36 of the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications")
Note: ___________________________________________________________________
(alienability, permission class)
Licensor _____________________________________________________________________
(full name of the licensor)
Head (authorized person) _____________________________________________
(surname, name, middle name (in case of its availability)
Date of primary issue: "____" __________ 20 __ years
License effective period: "____" __________ 20 __ years
Place of issue ____________________________________________________
Appendix to the license
License number _________________
Date of issue of the license "___" of _____________ 20 __ years
to Rules of rendering the state service "Licensing for Provision of Services in the field of Communication"
Form
Appendix to the license
License number _________________
Date of issue of the license "___" of _____________ 20 __ years
Subspecies of the licensed type of activity _________________________________
(the name of subspecies of the licensed type of activity according to
The law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications")
Licensee ________________________________________________________________
(full name, location, business and identification
number of the legal entity (including foreign legal entity),
business and identification number of branch or representation
the foreign legal entity - in case of absence business
identification number at legal person / completely surname,
name, middle name (in case of availability), individual identification
number of physical person)
Production base _____________________________________________________
(location)
Special conditions of action of the license __________________________________________
(according to article 36 of the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications")
Licensor ________________________________________________________________
(full name of the body which issued appendix to the license)
Head (authorized person) _________________________________________
(surname, name, middle name (in case of its availability)
Number of the appendix ____________
Effective period "____" __________ ______ of year
Date of issue of appendix "____" __________ 20 ____ years
Place of issue (in the presence) __________________________
to Rules of rendering the state service "Licensing for Provision of Services in the field of Communication"
Form
The statement of physical person for receipt of the license and (or) appendix to the license
in ________________________________________________________________________
(full name of the licensor)
from _______________________________________________________________________
(surname name middle name (in case of availability) physical person, individual identification number)
I ask to grant the license and (or) appendix to the license for implementation
_________________________________________________________________\________
(specify full name of type of activity and (or) subspecies of activities)
Residential address physical persons ______________________________________
(postal index, area, city, area, settlement, name of the street, number of the house/building)
E-mail ________________________________________________
_______________________________________________________ phones
Bank account __________________________________________________
(account number, name and location of bank)
Address of object of implementation of activities or actions (transactions)
_________________________________________________________________
(postal index, area, city, area, settlement, name of the street, number
houses/buildings (stationary room)
It is applied _____ sheets.
Proves to be true present that:
all specified data are official contacts and can be directed to them
any information on questions of issue or refusal in licensing and (or) appendices to the license;
the applicant is not forbidden to be engaged in court in the licensed type and (or) subspecies of activities;
all enclosed documents are true and are valid;
The applicant agrees to collection and processing of personal data according to the legislation of the Republic of Kazakhstan on personal data and their protection when licensing and (or) appendices to the license;
__________________________________________________ physical person
(surname, name, middle name (in case of its availability)
Date of filling: "___" _________ 20_
to Rules of rendering the state service "Licensing for Provision of Services in the field of Communication"
Form
The statement of the legal entity for receipt of the license and (or) appendix to the license
in ________________________________________________________________
(full name of the licensor)
from _______________________________________________________________
(full name, location, business and identification number of legal
persons (including foreign legal entity), business and identification number of branch
or representations of the foreign legal entity - in case of absence business
identification number at the legal entity)
I ask to grant the license and (or) appendix to the license for implementation
_________________________________________________________________
(specify full name of type of activity and (or) subspecies of activities)
Address of the legal entity
_________________________________________________________________
(the postal index, the country (for the foreign legal entity), the area, the city, the area,
settlement, name of the street, number of the house/building (stationary room)
E-mail ________________________________________________
________________________________________________________ phones
Bank account __________________________________________________
(account number, name and location of bank)
Address of object of implementation of activities or actions (transactions)
_________________________________________________________________
(postal index, area, city, area, settlement, name of the street, number
houses/buildings (stationary room)
It is applied ______ sheets.
Proves to be true present that:
all specified data are official contacts and any information on questions of issue or refusal in licensing and (or) appendices to the license can be directed to them;
the applicant is not forbidden to be engaged in court in the licensed type and (or) subspecies of activities;
all enclosed documents are true and are valid;
The applicant agrees to collection and processing of personal data according to the legislation of the Republic of Kazakhstan on personal data and their protection when licensing and (or) appendices to the license;
Head _____________________________________________________
(surname, name, middle name (in case of its availability)
Date of filling: "__" __________ 20 __ years
to Rules of rendering the state service "Licensing for Provision of Services in the field of Communication"
Form
The statement of physical person for renewal of the license and (or) appendix to the license
IN _______________________________________________________________
(full name of the licensor)
from ______________________________________________________________
(surname, name, middle name (in case of availability) physical person, individual identification number)
I ask to renew the license and (or) appendix to the license (necessary to emphasize)
No. ____________ from _________ 20 ___ years, issued (ых) ____________
(number(s) of the license and (or) appendix(appendices) to the license, date of issue, the name of the licensor who issued
_________________________________________________________________
license and (or) appendix(appendices) to the license)
on implementation _________________________________________________
(full name of type of activity and (or) subspecies of activities) on
to the following basis(es) (specify in the corresponding cell of X):
1) changes of surname, name, middle name (in case of its availability) the physical person licensee ______________
2) re-registration of the individual entrepreneur licensee, its change
names _______________
3) re-registration of the individual entrepreneur licensee, its change
legal address ________
4) alienation by the licensee of the license issued on class "the permissions issued on objects" together with object for benefit of the third parties in cases if alienability of the license is provided by appendix 1 to the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications" ___________________
5) address modification of the location of object without its physical movement for the license granted on class "the permissions issued on objects" or for appendices to the license with indication of objects ____________
6) availability of the requirement about renewal in the laws of the Republic of Kazakhstan
________________________________________________________
7) change of the name of type of activity ______________________
8) change of the name of subspecies of activities _____________ on paper
_______ (to deliver sign X if it is necessary to obtain the license on paper)
Residential address of ____________________________ physical person
(postal index, area, city, area, settlement, name of the street, number of the house/building)
E-mail ________________________________________________
_________________________________________________________ phone
____________________________________________________________ fax
Bank account __________________________________________________
(account number, name and location of bank)
Address of object of implementation of activities or actions (transactions)
_________________________________________________________________
(postal index, area, city, area, settlement, name of the street, number
houses/buildings (stationary room)
It is applied _____ sheets.
Proves to be true present that:
all specified data are official contacts and any information on questions of issue or refusal in licensing and (or) appendices to the license can be directed to them;
the applicant is not forbidden to be engaged in court in the licensed type and (or) subspecies of activities;
all enclosed documents are true and are valid;
The applicant agrees to collection and processing of personal data according to the legislation of the Republic of Kazakhstan on personal data and their protection when licensing and (or) appendices to the license;
__________________________________________________ physical person
(surname, name, middle name (in case of its availability)
Date of filling: "__" _____ 20 __ years
to Rules of rendering the state service "Licensing for Provision of Services in the field of Communication"
Form
The statement of the legal entity for renewal of the license and (or) appendix to the license
IN _______________________________________________________________
(full name of the licensor)
from ______________________________________________________________
(full name, location, business and identification number of legal
persons (including foreign legal entity), business and identification number of branch
or representations of the foreign legal entity - in case of absence business
identification number at the legal entity)
I ask to renew the license and (or) appendix(appendices) to the license (necessary to emphasize)
No. __________ from "___" _________ 20 ___ years, issued (ых)
_________________________________________________________________
(number(s) of the license and (or) appendix(appendices) to the license, date of issue, name
the licensor who granted the license and (or) appendix(appendices) to the license)
On implementation ________________________________________________
(full name of type of activity and (or) subspecies of activities) on
to the following basis(es) (specify in the corresponding cell of X):
1) reorganization of legal person licensee according to the procedure determined by article 34 of the Law of the Republic of Kazakhstan "About permissions and notifications" in the way (specify in the corresponding cell of X):
merges ___________
_____ transformations
accessions _____
allocations _________
separations ________
2) change of the name of the legal person licensee ___________
3) change of the location of the legal person licensee ________
4) alienation by the licensee of the license issued on class "the permissions issued on objects" together with object for benefit of the third parties in cases if alienability of the license is provided by appendix 1 to the Law of the Republic of Kazakhstan of May 16, 2014 "About permissions and notifications" __________________
5) address modification of the location of object without its physical movement for the license granted on class "the permissions issued on objects" or for appendices to the license with indication of objects ____________
6) availability of the requirement about renewal in the laws of the Republic of Kazakhstan
________________________________________________________________
7) change of the name of type of activity ______________________
8) change of the name of subspecies of activities ___________________
Address of the legal entity
________________________________________________________________
(the country - for the foreign legal entity, the postal index, area, the city, the area,
settlement, name of the street, number of the house/building (stationary room)
E-mail ________________________________________________
________________________________________________________ phones
____________________________________________________________ fax
Bank couples ___________________________________________________
(account number, name and location of bank)
Address of object of implementation of activities or actions (transactions)
_________________________________________________________________
(postal index, area, city, area, settlement, name of the street, number
houses/buildings (stationary room)
It is applied ______ sheets.
Proves to be true present that:
all specified data are official contacts and any information on questions of issue or refusal in licensing and (or) appendices to the license can be directed to them;
the applicant is not forbidden to be engaged in court in the licensed type and (or) subspecies of activities;
all enclosed documents are true and are valid;
The applicant agrees to collection and processing of personal data according to the legislation of the Republic of Kazakhstan on personal data and their protection when licensing and (or) appendices to the license;
Head _______________________________________
(surname, name, middle name (in case of its availability)
Date of filling: "__" ___________ 20 __ years
Appendix 2
to the Order of the Minister of digital development, innovations and the aerospace industry of the Republic of Kazakhstan of April 20, 2020 No. 151/Tax Code
1. The subitem 1) Item 1 of the order of the acting minister on investments and development of the Republic of Kazakhstan of May 28, 2015 No. 644 "About approval of regulations of the state services in the field of communication" (it is registered in the Register of state registration of regulatory legal acts for No. 11590, it is published on July 24, 2015 in information system of law of Ad_let).
2. Paragraphs two, the third, fourth Item 1 of the order of the Minister of investments and development of the Republic of Kazakhstan of February 12, 2016 No. 182 "About introduction of amendments to the order of the acting minister on investments and development of the Republic of Kazakhstan of May 28, 2015 No. 644 "About approval of regulations of the state services in the field of communication"". (it is registered in the Register of state registration of regulatory legal acts for No. 13465, it is published on March 31, 2016 in information system of law of Ad_let).
3. The subitem 1) Item 1 of the order of the Minister of information and communications of the Republic of Kazakhstan of December 27, 2018 No. 549 "About approval of standards of the state services in the field of communication" (it is registered in the Register of state registration of regulatory legal acts for No. 18078, it is published on January 8, 2019 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).
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