ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of May 15, 2020 No. 292

About approval of Rules of rendering the state service "Issue of Specification for Designing on Crossing of Highways Public of the International and Republican Value by Channels, Communication Lines and Electricity Transmission, Oil Pipelines, Gas Pipelines, Water Supply Systems and the Railroads, Other Engineering Networks, Communications, and also for Construction of Access Roads and Adjunctions to Highways Public of the International and Republican Value"

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

1. Approve the enclosed Rules of rendering the state service "Issue of Specification for Designing on Crossing of Highways Public of the International and Republican Value by Channels, Communication Lines and Electricity Transmission, Oil Pipelines, Gas Pipelines, Water Supply Systems and the Railroads, Other Engineering Networks, Communications, and also for Construction of Access Roads and Adjunctions to Highways Public of the International and Republican Value", according to appendix 1 to this order.

2. Declare invalid some orders according to appendix 2 to this order.

3. To provide to committee of highways of the Ministry of the industry and infrastructure development 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) placement of this order on Internet resource of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan.

4. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development 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 digital development, innovations and aerospace industry of the Republic of Kazakhstan

Appendix 1

to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of May 15, 2020 No. 292

Rules of rendering the state service "Issue of Specification for Designing on Crossing of Highways Public of the International and Republican Value by Channels, Communication Lines and Electricity Transmission, Oil Pipelines, Gas Pipelines, Water Supply Systems and the Railroads, Other Engineering Networks, Communications, and also for Construction of Access Roads and Adjunctions to Highways Public of the International and Republican Value"

Chapter 1. General provision

1. These rules of issue of specification for designing on crossing of highways public of the international and republican value by channels, communication lines and electricity transmission, oil pipelines, gas pipelines, water supply systems and the railroads, other engineering networks, communications, and also (further - Rules) are developed for construction of access roads and adjunctions to highways public of the international and republican value according to article 13 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" and determine procedure for rendering the state service in issue of specification for designing on crossing of highways public of the international and republican value by channels, communication lines and electricity transmission, oil pipelines, gas pipelines, water supply systems and the railroads, other engineering networks, communications, and also for construction of access roads and adjunctions to highways public of the international and republican value.

2. The state service "Issue of Specification for Designing on Crossing of Highways Public of the International and Republican Value by Channels, Communication Lines and Electricity Transmission, Oil Pipelines, Gas Pipelines, Water Supply Systems and the Railroads, Other Engineering Networks, Communications, and also for Construction of Access Roads and Adjunctions to Highways Public of the International and Republican Value" (further - the state service) appears regional branches of joint-stock company "The Kazavtozhol national company (further - the service provider), according to these rules.

3. Reception of an application and issue of result of rendering the state service are performed through the web portal of "the electronic government" www.egov.kz (further - the portal).

Chapter 2. Procedure for rendering the state service "Issue of Specification for Designing on Crossing of Highways Public of the International and Republican Value by Channels, Communication Lines and Electricity Transmission, Oil Pipelines, Gas Pipelines, Water Supply Systems and the Railroads, Other Engineering Networks, Communications, and also for Construction of Access Roads and Adjunctions to Highways Public of the International and Republican Value"

4. Physical persons and legal entities (further - uslugopoluchatel) for receipt of the state service direct to the service provider through the portal the application in electronic form according to appendix 1 to these rules and the electronic copy of the sketch of the document for designing.

When giving the uslugopoluchatel of documents, according to Item 8 of the standard of the state service according to appendix of 2 these rules (further - the Standard), in "personal account" of uslugopoluchatel displays the status about acceptance of request for rendering the state service.

The list of the main requirements to issue of specification for designing on crossing of highways public of the international and republican value by channels, communication lines and electricity transmissions, and also for construction of access roads and adjunctions to highways public of the international and republican value, are stated by oil pipelines, gas pipelines, water supply systems and the railroads, other engineering networks, communications in the Law of the Republic of Kazakhstan of July 17, 2001 "About highways".

5. 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 rendering the state service are stated according to appendix 2 to these rules.

6. The service provider performs document registration, in day of their receipt and transfers to execution to the contractor 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 of the Republic of Kazakhstan, reception of applications, registration of the state service is performed the next working afternoon.

7. The term of consideration of documents and issue of result of rendering the state service constitutes 5 (five) working days.

8. The contractor of the service provider within 1 (one) working day from the moment of document registration, checks completeness of the submitted documents.

In representation cases uslugopoluchatel of incomplete document package according to the list, the provided Item 8 of the Standard, and (or) documents with the expired effective period the service provider refuses reception of an application and sends the notification to "personal account" of the uslugopoluchatel in electronic form signed by the digital signature of the authorized person of the service provider.

9. By results of verification of the relevant documents, and also in the absence of the bases for refusal, the service provider within 5 (five) working days issues specification for designing on crossing of highways public of the international and republican value by channels, communication lines and electricity transmission, oil pipelines, gas pipelines, water supply systems and the railroads, other engineering networks, communications, and also for construction of access roads and adjunction to highways public of the international and republican value.

10. In case of decision about refusal in rendering the state service, the service provider within 2 (two) working days notifies uslugopoluchatel on the provisional solution about refusal for provision of opportunity to express to uslugopoluchatel line item according to the provisional solution in rendering the state service, and also time, date and the place (method) of carrying out hearing.

The notification on hearing goes at least in 3 (three) working days prior to completion of term of rendering the state service according to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan. Hearing is carried out no later than 2 (two) working days from the date of the notification.

By results of hearing the service provider issues specification for designing on crossing of highways public of the international and republican value by channels, communication lines and electricity transmission, oil pipelines, gas pipelines, water supply systems and the railroads, other engineering networks, communications, and also for construction of access roads and adjunctions to highways public of the international and republican value or motivated refusal in rendering the state service.

11. 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 Law of the Republic of Kazakhstan of April 15, 2013 "About the state services".

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

12. 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, the authorized body performing management in the field of highways (further – authorized body), 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 moves 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 are 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 of the Republic of Kazakhstan "About the state services" 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.

13. 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 of the Administrative procedural Procedure Code of the Republic of Kazakhstan.

14. No. 264 is excluded according to the Order of the Acting Minister of the industry and infrastructure development of the Republic of Kazakhstan of 12.05.2022

Appendix 1

to Rules of rendering the state service "Issue of Specification for Designing on Crossing of Highways Public of the International and Republican Value by Channels, Communication Lines and Electricity Transmission, Oil Pipelines, Gas Pipelines, Water Supply Systems and the Railroads, Other Engineering Networks, Communications, and also for Construction of Access Roads and Adjunctions to Highways Public of the International and Republican Value"

Form

____________________________

regional branch of Aktsionerno

society "National

Kazavtozhol company

____________________________

(Surname, name, middle name

(in the presence) (further - F.I.O)

head

____________________________

(document details,

certifying

____________________________

identity of physical

(Individual

identification number) or

legal

____________________________

     persons (Business

identification number),

contact telephone number, address)

Statement

I ask to issue specification for designing on crossing of highways public of the international and republican value by channels, communication lines and electricity transmission, oil pipelines, gas pipelines, water supply systems and the railroads, other engineering networks, communications / or for construction of access roads and adjunctions to highways public of the international and republican value.

Title (name) of the highway ____________

Address _____ kilometer ______ + meter, on the right/at the left

I undertake to provide financing of works on recovery of the road and road

constructions. If works are assumed in borders of settlements:

The document permission from local executive bodies

No. __________ from ____________ issued _______________________________

      (date)                     (the name of the body which issued permission)

Date _______________

Receiver _____________________________________________________

(First name, middle initial, last name physical person or name of the legal entity or

                     authorized person, signature)

He agrees to use of data, in established by the legislation

The Republic of Kazakhstan procedure being the secret protected by the law,

containing in the information systems ________ "___" _______ year.

Appendix 2

to Rules of rendering the state service "Issue of Specification for Designing on Crossing of Highways Public of the International and Republican Value by Channels, Communication Lines and Electricity Transmission, Oil Pipelines, Gas Pipelines, Water Supply Systems and the Railroads, Other Engineering Networks, Communications, and also for Construction of Access Roads and Adjunctions to Highways Public of the International and Republican Value"

Standard of the state service "Issue of Specification for Designing on Crossing of Highways Public of the International and Republican Value by Channels, Communication Lines and Electricity Transmission, Oil Pipelines, Gas Pipelines, Water Supply Systems and the Railroads, Other Engineering Networks, Communications, and also for Construction of Access Roads and Adjunctions to Highways Public of the International and Republican Value"

1	Name of the service provider	Regional branches of joint-stock company "Kazavtozhol national company
2	Methods of provision of the state service (channels of access)	The web portal of "the electronic government" www.egov.kz (further - the portal).
3	Term of rendering the state service	5 working days.
4	Form of rendering rendering the state service	Electronic (completely automated).
5	Result of rendering the state service	Specification for designing on crossing of highways public of the international and republican value by channels, communication lines and electricity transmission, oil pipelines, gas pipelines, water supply systems and the railroads, other engineering networks, communications, and also for construction of access roads and adjunction to highways public of the international and republican value, or motivated refusal in its issue. The result of rendering the state service goes and kept on the portal in "personal account" of the uslugopoluchatel certified by the digital signature of the service provider.
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	Free of charge.
7	Working schedule	1) the service provider - Monday through Friday, according to the established working schedule from 9:00 till 18:30 o'clock, except for days off and holidays, according to the Labor code of the Republic of Kazakhstan of November 23, 2015 with lunch break from 13:00 to 14:30 o'clock. 2) the portal - 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 days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service is performed the next working afternoon). Addresses of places of rendering the state service are placed on: 1) the service provider - www.roads.miid.gov.kz, the Section "State Services"; 2) the portal - www.egov.kz.
8	List of documents necessary for rendering the state service	1) the statement in electronic form according to appendix 1 to these rules; 2) electronic copy sketch of the document.
9	The bases for refusal in rendering the state service established by the legislation of the Republic of Kazakhstan	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 requirements the established these rules and the Law of the Republic of Kazakhstan of July 17, 2001 "About highways"; 3) concerning uslugopoluchatel there is decision (sentence) of court on prohibition of activities or the separate types of activity requiring receipt of certain state service which took legal effect; 4) concerning uslugopoluchatel there is judgment which took legal effect based on which the uslugopoluchatel is deprived of the special right connected with receipt of the state service.
10	Other requirements taking into account features of rendering the state service including rendered electronically and through the State corporation	Uslugopoluchatel has possibility of receipt of the state service electronically through the portal on condition of EDS availability. Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of "personal account" of the portal, service desks of the service provider, and also Single contact center "1414", 8-800-080-7777.

 

Appendix 2

to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of May 15, 2020 No. 292

List of invalid some orders

1. The order of the Acting Minister of investments and development of the Republic of Kazakhstan of May 28, 2015 No. 624 "About approval of regulations of the state services in the field of highways" (it is registered in the Register of state registration of regulatory legal acts for No. 11576, it is published on July 22, 2015 in information system of law of Ad_let).

2. The order of the Acting Minister of investments and development of the Republic of Kazakhstan of November 28, 2016 No. 817 "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. 624 "About approval of regulations of the state services in the field of highways" (it is registered in the Register of state registration of regulatory legal acts for No. 14597, it is published on January 9, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

3. The order of the Minister of investments and development of the Republic of Kazakhstan of August 24, 2018 No. 597 "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. 624 "About approval of regulations of the state services in the field of highways" (it is registered in the Register of state registration of regulatory legal acts for No. 17482, it is published on October 15, 2018 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

4. The order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of September 9, 2019 No. 701 "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. 624 "About approval of regulations of the state services in the field of highways" (it is registered in the Register of state registration of regulatory legal acts for No. 19379, it is published on September 18, 2019 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

5. The order of the Minister of investments and development of the Republic of Kazakhstan of April 30, 2015 No. 529 "About approval of standards of the state services in the field of highways" (it is registered in the Register of state registration of regulatory legal acts for No. 11327, it is published on June 25, 2015 in information system of law of Ad_let).

6. The order of the Minister of investments and development of the Republic of Kazakhstan of November 30, 2015 No. 1136 "About introduction of amendments to the order of the Minister of investments and development of the Republic of Kazakhstan of April 30, 2015 No. 529 "About approval of standards of the state services in the field of highways" (it is registered in the Register of state registration of regulatory legal acts for No. 12851, it is published on January 29, 2016 in information system of law of Ad_let).

7. The order of the Acting Minister of investments and development of the Republic of Kazakhstan of August 15, 2016 No. 610 "About introduction of amendments to the order of the Minister of investments and development of the Republic of Kazakhstan of April 30, 2015 No. 529 "About approval of standards of the state services in the field of highways" (it is registered in the Register of state registration of regulatory legal acts for No. 14358, it is published on November 4, 2016 in information system of law of Ad_let).

8. The order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of July 25, 2019 No. 547 "About introduction of amendments to the order of the Minister of investments and development of the Republic of Kazakhstan of April 30, 2015 No. 529 "About approval of standards of the state services in the field of highways" (it is registered in the Register of state registration of regulatory legal acts for No. 19094, it is published on August 9, 2019 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

 

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