ORDER OF THE MINISTER FOR CULTURE AND SPORTS OF THE REPUBLIC OF KAZAKHSTAN

of June 25, 2020 No. 188

About approval of Rules of rendering the state service "Licensing for Activities for Implementation of Scientific and Restoration Works on Historical and Cultural Monuments and (or) Archaeological Works"

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

1. Approve the enclosed Rules of rendering the state service "Licensing for Activities for Implementation of Scientific and Restoration Works on Historical and Cultural Monuments and (or) Archaeological Works".

2. Recognize invalid some orders of the Ministry of Culture and sport of the Republic of Kazakhstan according to appendix to this order.

3. For culture and art of the Ministry of Culture and sport of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan to provide to department:

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 Culture and sport of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Culture and sport 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 for Culture and Sports of the Republic of Kazakhstan.

5. This order becomes effective after twenty one calendar days after day of its first official publication.

 

"Is approved" Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

"Is approved" Ministry of national economy of the Republic of Kazakhstan

Approved by the Order of the Minister for Culture and Sports of the Republic of Kazakhstan of June 25, 2020 No. 188

Rules of rendering the state service "Licensing for Activities for Implementation of Scientific and Restoration Works on Historical and Cultural Monuments and (or) Archaeological Works"

Chapter 1. General provisions

1. These rules of rendering the state service "Licensing for Activities for Implementation of Scientific and Restoration Works on Historical and Cultural Monuments and (or) Archaeological Works" (further – Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law) and determine procedure for rendering the state service "Licensing for Activities for Implementation of Scientific and Restoration Works on Historical and Cultural Monuments and (or) Archaeological Works" (further – the state service).

2. The state service appears Committee of culture of the Ministry of Culture and information of the Republic of Kazakhstan (further – the service provider).

Chapter 2. Procedure for rendering the state service

3. For receipt of the state service physical persons and legal entities (further – uslugopoluchatel) send to the service provider through the web portal of "the electronic government" www.egov.kz, www.elicense.kz (further – the portal) the documents specified in Item 8 of the list of the main requirements to rendering the state service "Licensing for Activities for Implementation of Scientific and Restoration Works on Historical and Cultural Monuments and (or) Archaeological Works" (further – the List) according to appendix to these rules.

For receipt of the license or renewal of the license by reorganization of legal person licensee in forms of allocation and separation the uslugopoluchatel fills form of data on compliance to the Qualification requirements and conditions shown when licensing activities for implementation of scientific and restoration works on historical and cultural monuments and (or) archaeological works and the list of the documents confirming compliance to them approved by the order of the Minister for Culture and Sports of the Republic of Kazakhstan of May 19, 2020 No. 132 (it is registered in the Register of state registration of regulatory legal acts for No. 20666) (further – Qualification requirements).

The main requirements to rendering the state service, content and result of rendering the state service, and also other data taking into account features of rendering the state service are stated in the List.

The authorized body in the field of protection and use of objects of historical and cultural heritage sends information on procedure for rendering the state service and on the made changes and additions to these rules in Single contact center, to the operator of information and communication infrastructure of "the electronic government", and also service providers within 3 (three) working days after state registration in judicial authorities of the corresponding regulatory legal act.

4. The office of the service provider in day of receipt of documents performs their acceptance, registration and sends to the head of the relevant structural division of the service provider for determination of the executive in charge.

In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the Labor code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About holidays in the Republic of Kazakhstan", reception of an application and rendering the state service is performed the next working afternoon.

To Uslugopoluchatel by means of the portal the status about acceptance of request for rendering the state service, and also the notification with indication of date and time of receipt of result of the state service goes to "personal account".

Receives the data on identity documents, state registration (re-registration) of the legal entity confirming payment of the license fee for the occupation right with separate types of activity the service provider from the corresponding state information systems through lock of "the electronic government".

5. The executive in charge within 2 (two) working days from the moment of document registration, checks completeness of the submitted documents.

In case of representation by uslugopoluchatel of incomplete document package the executive in charge in the specified terms 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 or person fulfilling its duties and sends to uslugopoluchatel to personal account of the portal.

6. In case of completeness of the submitted documents, in case of receipt of the license or renewal of the license in cases of reorganization of legal person licensee in forms of allocation and separation, the executive in charge during the term specified in Item 5 of these rules considers the documents submitted by uslugopoluchatel on compliance to Qualification requirements.

In case of identification of the bases for refusal in rendering the state service the service provider notifies uslugopoluchatel on the provisional solution about refusal in rendering the state service, and also time and the place (method) of carrying out hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution.

The notification on hearing goes at least in 3 (three) working days prior to completion of term of rendering the state service. Uslugopoluchatel represents or states objection to the provisional solution of the service provider no later than 2 (two) working days from the date of its obtaining in time.

In case of compliance of uslugopoluchatel to Qualification requirements, the executive in charge before completion of term of rendering the state service creates and directs the project of result of rendering the state service to vising (signing) to the head of the service provider or person fulfilling its duties.

After vising (signing) of result of the rendering the state service uslugopoluchatel on the portal in personal account in electronic form signed by the EDS of the head of the service provider or person fulfilling its duties, obtains the license, or motivated refusal in rendering the state service in the bases, stipulated in Item 9 Lists.

7. In case of renewal of the license, except cases of reorganization of legal person licensee in forms of allocation and separation, the executive in charge does not check for compliance of uslugopoluchatel to Qualification requirements and in case of completeness of the submitted documents within 3 (three) working days from the moment of document registration renews the license.

8. The license is subject to renewal in the following 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).

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

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.

10. Registration and account of the issued permissions is kept in the automatic mode in the state information system of permissions and notifications.

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of service providers and (or) their officials concerning rendering the state services

11. Consideration of the claim concerning rendering the state services is made by higher administrative authority, the official, authorized body by assessment and control of quality of rendering the state services (further – the body considering the claim).

The claim is submitted in administrative authority, to the official whose the administrative act, administrative action (failure to act) are appealed.

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

At the same time the authorized body, the official, whose decision, action (failure to act) are appealed, does not send the claim to the body considering the claim if it within 3 (three) working days makes the favorable decision, will make the action which is completely meeting the requirements specified in the claim.

12. The claim of uslugopoluchatel which arrived to authorized 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 15 (fifteen) working days from the date of its registration.

13. If other is not provided by the law of the Republic of Kazakhstan, appeal in court is allowed after appeal in administrative (pre-judicial) procedure according to Item 5 of Article 91 Administrative procedural - the Procedure Code of the Republic of Kazakhstan.

Appendix

to Rules of the state service "Licensing for Activities for Implementation of Scientific and Restoration Works on Historical and Cultural Monuments and (or) Archaeological Works"

List of the main requirements to rendering the state service "Licensing for Activities for Implementation of Scientific and Restoration Works on Historical and Cultural Monuments and (or) Archaeological Works"
Name of the state service "Licensing for Activities for Implementation of Scientific and Restoration Works on Historical and Cultural Monuments and (or) Archaeological Works" Name of subspecies of the state service: 1. Implementation of scientific and restoration works on historical and cultural monuments. 2. Implementation of archaeological works. 3. Renewal of the license.
1.	Name of the service provider	Committee of culture of the Ministry of Culture and information of the Republic of Kazakhstan
2.	Methods of provision of the state service	Web portal of "the electronic government" www.egov.kz, www.elicense.kz.
3.	Term of rendering the state service	From the moment of registration of a statement by the service provider: licensing or renewals of the license by reorganization of legal person licensee in forms of allocation and separation – 5 (five) working days; renewal of the license, except cases of reorganization of legal person licensee in forms of allocation and separation – 3 (three) working days; in case of incompleteness of documents motivated refusal of the service provider – 2 (two) working days
4.	Form of rendering the state service	Electronic (partially automated).
5.	Result of rendering the state service	The license for activities for implementation of scientific and restoration works on historical and cultural monuments and (or) archaeological works (further – the license), or the renewed license for activities for implementation of scientific and restoration works on historical and cultural monuments and (or) archaeological works (further – the renewed license), or the motivated answer about refusal in rendering the state service
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	The state service is rendered on paid basis to uslugopoluchatel. Rates of the license fee for rendering the state service according to item 4 of article 616 of the Tax Code of the Republic of Kazakhstan constitute: 1) for the occupation right type of activity on implementation of scientific and restoration works on historical and cultural monuments and (or) archaeological works – 10 (ten) monthly settlement indicators; 2) for renewal of the license – 10% of rate when licensing. Payment is made in cash and non-cash form through the banks of the second level and the organization performing separate types of banking activities and also through the portal payment can be performed through payment gateway of "the electronic government" (further – PShEP).
7.	Working schedule of the service provider	The service provider – Monday through Friday inclusive, from 9:00 till 18:30 o'clock, with lunch break from 13:00 till 14:30 o'clock, except days off and holidays according to the Labor code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About holidays in the Republic of Kazakhstan". The portal works round the clock, except for the technical breaks connected 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 results of rendering the state service is performed the next working afternoon.
8.	The list of the documents and data requested at uslugopoluchatel for rendering the state service	For receipt of the license or renewal of the license by reorganization of legal person licensee in forms of allocation and separation: on subspecies of the state service: implementation of scientific and restoration works on historical and cultural monuments: 1) the statement in electronic form, certified by the digital signature (further – the EDS) uslugopoluchatel, according to appendix to this List; 2) data on payment in the budget of the license fee for licensing, except as specified payments through payment gateway of "the electronic government" (further – PShEP); 3) form of data on compliance to the Qualification requirements and conditions shown when licensing activities for implementation of scientific and restoration works on historical and cultural monuments and (or) archaeological works and the list of the documents confirming compliance to them approved by the order of the Minister for Culture and Sports of the Republic of Kazakhstan of May 19, 2020 No. 132 (it is registered in the Register of state registration of regulatory legal acts at No. 20666) (further – Qualification requirements). On subspecies of the state service: implementation of archaeological works: 1) the statement in electronic form, certified by the digital signature (further – the EDS) uslugopoluchatel, according to appendix to this List; 2) data on payment in the budget of the license fee for licensing, except as specified payments through payment gateway of "the electronic government" (further – PShEP); 3) form of data on compliance to Qualification requirements. For renewal of the license, except cases of reorganization of legal person licensee in forms of allocation and separation: 1) the statement in electronic form, the uslugopoluchatel certified by the EDS, according to appendix to this List; 2) data on payment in the budget of the license fee for renewal of the license, except as specified payments through PShEP; 3) the electronic copy of the document containing information on the changes which formed the basis for renewal of the license. Receives the data on identity documents, state registration (re-registration) of the legal entity confirming payment of the license fee for the occupation right with separate types of activity the service provider from the corresponding state information systems through lock of "the electronic government".
9.	The bases for refusal in rendering the state service established by the laws of the Republic of Kazakhstan	For receipt of the license: 1) occupation type of activity is forbidden by the laws of the Republic of Kazakhstan for this category of physical persons or legal entities, branch of the foreign legal entity whose object of activity is rendering financial services; 2) the license fee is not brought; 3) the applicant does not conform to qualification requirements; 4) concerning the applicant there is decision (sentence) of court on suspension or prohibition of activities or the separate types of activity which are subject to licensing took legal effect; 5) court based on representation of the legal executive the applicant debtor is temporarily forbidden to grant the license; 6) unauthenticity of the documents submitted by the applicant for receipt of the license, and (or) these (data) containing in them is established; 7) lack of consent of the uslugopoluchatel provided according to article 8 of the Law of the Republic of Kazakhstan "About personal data and their protection" (further – the Law PD), on access to personal data of limited access which are required for rendering the state service. for renewal of the license: 1) the license fee is not brought; 2) not provision or inadequate execution of the copy of the documents containing information on changes, which formed the basis for renewal of the license and (or) appendix to the license, except for documents from which information contains in the state information systems; 3) unauthenticity of the documents submitted by the applicant for receipt of the license, and (or) these (data) containing in them is established; 4) lack of consent of the uslugopoluchatel provided according to article 8 of the Law PD on access to personal data of limited access which are required for rendering the state service.
10.	Other requirements taking into account features of rendering the state service including rendered electronically	Features of rendering the state service to uslugopoluchatel with limited opportunities: on the portal the version is available to visually impaired. Addresses of places of rendering the state service are placed on: 1) Internet resource of the Ministry – www.mam.gov.kz; 2) portal. 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 portal "personal account", and also single contact center concerning rendering the state services. Contact telephone numbers of service desks concerning rendering the state service are specified on Internet resources of the service provider of www.mam.gov.kz, in the Section "State Services". Single contact center concerning rendering the state services: 1414, 8 800 080 7777

Appendix

to the Order of the Minister for Culture and Sports of the Republic of Kazakhstan of June 25, 2020 No. 188

List of invalid some orders of the Ministry of Culture and sport of the Republic of Kazakhstan

1. The order of the Minister for Culture and Sports of the Republic of Kazakhstan of April 22, 2015 No. 146 "About approval of standards of the state services in the field of culture" (it is registered in the Register of state registration of regulatory legal acts at No. 11238, it is published on June 24, 2015 in information system of law of Ad_let).

2. The order of the acting minister of culture and sport of the Republic of Kazakhstan of May 22, 2015 No. 191 "About approval of regulations of the state services in the field of culture" (it is registered in the Register of state registration of regulatory legal acts at No. 11447, it is published on July 14, 2015 in information system of law of Ad_let).

3. The order of the Minister for Culture and Sports of the Republic of Kazakhstan of January 25, 2016 No. 12 "About introduction of amendments to the order of the Minister for Culture and Sports of the Republic of Kazakhstan of April 22, 2015 No. 146 "About approval of standards of the state services in the field of culture" (it is registered in the Register of state registration of regulatory legal acts at No. 13186, it is published on March 24, 2016 in information system of law of Ad_let).

4. The order of the Minister for Culture and Sports of the Republic of Kazakhstan of February 19, 2016 No. 50 "About modification of the order of the acting minister of culture and sport of the Republic of Kazakhstan of May 22, 2015 No. 191 "About approval of regulations of the state services in the field of culture" (it is registered in the Register of state registration of regulatory legal acts at No. 13495, it is published on March 30, 2016 in information system of law of Ad_let).

5. Item 3 of the List of orders in the field of culture to which changes and additions are made the Minister for Culture and Sports of the Republic of Kazakhstan approved by the order of March 2, 2017 No. 53 "About modification and amendments in some orders in the field of culture" (it is registered in the Register of state registration of regulatory legal acts at No. 15223, it is published on June 26, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

6. The order of the Minister for Culture and Sports of the Republic of Kazakhstan of July 21, 2017 No. 212 "About introduction of amendments to the order of the acting minister of culture and sport of the Republic of Kazakhstan of May 22, 2015 No. 191 "About approval of regulations of the state services in the field of culture" (it is registered in the Register of state registration of regulatory legal acts at No. 15578, it is published on September 13, 2017 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

7. The order of the acting minister of culture and sport of the Republic of Kazakhstan of January 12, 2018 No. 15 "About introduction of amendments to the order of the Minister for Culture and Sports of the Republic of Kazakhstan of April 22, 2015 No. 146 "About approval of standards of the state services in the field of culture" (it is registered in the Register of state registration of regulatory legal acts at No. 16617, it is published on March 26, 2018 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

8. The order of the Minister for Culture and Sports of the Republic of Kazakhstan of May 15, 2018 No. 109 "About modification of the order of the acting minister of culture and sport of the Republic of Kazakhstan of May 22, 2015 No. 191 "About approval of regulations of the state services in the field of culture" (it is registered in the Register of state registration of regulatory legal acts at No. 16988, it is published on June 21, 2018 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

9. Item 7 of the List of some orders in the field of culture to which changes are made the acting minister of culture and sport of the Republic of Kazakhstan approved by the order of September 13, 2018 No. 256 "About introduction of amendments to some orders in the field of culture" (it is registered in the Register of state registration of regulatory legal acts at No. 17507, it is published on October 12, 2018 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

10. The order of the Minister for Culture and Sports of the Republic of Kazakhstan of May 17, 2019 No. 139 "About modification and amendments in the order of the Minister for Culture and Sports of the Republic of Kazakhstan of April 22, 2015 No. 146 "About approval of standards of the state services in the field of culture" (it is registered in the Register of state registration of regulatory legal acts at No. 18693, it is published on May 29, 2019 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

11. The order of the Minister for Culture and Sports of the Republic of Kazakhstan of July 19, 2019 No. 205 "About introduction of amendments to the order of the acting minister of culture and sport of the Republic of Kazakhstan of May 22, 2015 No. 191 "About approval of regulations of the state services in the field of culture" (it is registered in the Register of state registration of regulatory legal acts at No. 19062, it is published on July 26, 2019 in Reference control bank of regulatory legal acts of the Republic of Kazakhstan).

 

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