ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of May 21, 2021 No. 175

About modification and amendments in some Orders of the Minister of Energy of the Republic of Kazakhstan
(Extraction)

I ORDER:

1. Approve the enclosed list of some orders of the Minister of Energy of the Republic of Kazakhstan to which changes and additions are made.

2. To provide to committee of atomic and energy supervision and control of the Department of Energy of the Republic of Kazakhstan in the procedure established by the legislation 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 Department of Energy 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 Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

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

4. This order becomes effective after sixty 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 Energy of the Republic of Kazakhstan of May 21, 2021, No. 175

The list of some Orders of the Minister of Energy of the Republic of Kazakhstan to which changes and additions are made

1. In the order of the Minister of Energy of the Republic of Kazakhstan of November 13, 2014 No. 122 "About approval of qualification requirements and the list of the documents confirming compliance to them for activities in the field of use of atomic energy" (it is registered in the Register of state registration of regulatory legal acts for No. 10022) to make the following change:

Qualification requirements and the list of the documents confirming compliance to them, for activities in the field of use of atomic energy, approved by the specified order to be reworded as follows according to appendix 1 to this list.

2. In the order of the Minister of Energy of the Republic of Kazakhstan of January 20, 2016 No. 12 "About approval of Rules of certification of the personnel occupied on subjects to use of atomic energy" (it is registered in the Register of state registration of regulatory legal acts for No. 13468) to make the following changes and additions:

in Rules of certification of the personnel occupied on the subjects to use of atomic energy approved by the specified order:

state Items 1 and 2 in the following edition:

"1. These rules of certification of the personnel occupied on subjects to use of atomic energy (further - Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services", the subitem 4) of Item 1 of article 12 of the Law of the Republic of Kazakhstan "About permissions and notifications", the subitem 20) of article 6 of the Law of the Republic of Kazakhstan "About use of atomic energy" (further - the Law) and determine procedure for certification of the personnel occupied on subjects to use of atomic energy.

2. The personnel occupied on subjects to use of atomic energy undergo certification according to Item 1 of article 21 of the Law, regarding determination of compliance of level of its qualification and professional training of post.

Certification is performed by department of authorized body in the field of use of atomic energy (further - the service provider).

Foreign persons (nonresidents) undergo certification in accordance with general practice according to these rules.";

add with Item 2-1 of the following content:

"2-1. The service provider carries out certification:

1) specialists to whose job responsibilities belong direct control of installation, ensuring nuclear, radiation, nuclear physical safety when implementing activities in the field of use of atomic energy;

2) personnel of nuclear installation to which job responsibilities belong control of ensuring nuclear, radiation and nuclear physical safety, accounting and control of nuclear materials, sources of ionizing radiation, radioactive waste;

3) personnel of radiation, electrophysical installation to which job responsibilities belong control of radiation safety, accounting and control of sources of ionizing radiation.

According to part two of Item 3 of article 21 of the Law, other personnel are certified by the physical persons and legal entities performing activities in the field of use of atomic energy according to these rules.";

state Items 3 and 4 in the following edition:

"3. Certification of the personnel occupied on subjects to use of atomic energy is subdivided into the following types:

1) primary certification;

2) periodic certification;

3) extraordinary certification;

4) repeated certification.

4. Primary certification of the personnel occupied on subjects to use of atomic energy is carried out within one month after appointment of the worker to position.

Periodic certification of the personnel occupied on subjects to use of atomic energy is carried out once in three years.

Extraordinary certification of the personnel occupied on subjects to use of atomic energy is appointed in cases:

1) emergence of incidents on subjects to use of atomic energy - concerning persons which allowed their origin;

2) violations of requirements of nuclear and (or) radiation and (or) nuclear physical safety, accounting of nuclear materials, sources of the ionizing radiation revealed as a result of checks of authorized body in the field of use of atomic energy concerning persons which allowed violation;

3) according to the decision of the physical person or legal entity performing activities in the field of use of atomic energy.

Repeated certification is appointed in case of receipt of negative result following the results of primary or periodic, or extraordinary certification.

The physical persons who received negative result following the results of primary or periodic or extraordinary certification are subject to repeated certification no more once and no later than one month from the date of receipt of negative result following the results of, specified in part four of this Item.

According to Item 6 of article 21 of the Law, in cases if the worker, received the negative decision by results of primary or periodic or extraordinary certification, the worker is discharged of work before receipt of results of repeated certification according to the labor law of the Republic of Kazakhstan.";

state Item 7 in the following edition:

"7. Certification is carried out by testing and interview.

The interview is conducted for the first head of nuclear or radiation installation, his deputy for production (production and technical issues), the chief engineer of nuclear or radiation installation, the head of service (department, department, management) of nuclear and/or radiation safety, for person responsible for control for radiation safety.";

add with Item 18-1 of the following content:

"18-1. Certification of the personnel provided in part three of Item 2-1 of these rules of use of atomic energy occupied on objects is performed at least once in three years.

Persons employed within one month after position assignment undergo the certification for questions of nuclear and (or) radiation safety organized by the employer. The workers who did not undergo certification for questions of nuclear and (or) radiation safety are not allowed to work.

Certification of the personnel provided in part three of Item 2-1 of these rules of use of atomic energy occupied on objects is carried out by the examination committee created by the order of the employer numbering at least three people, and consists of the chairman and members of the commission.

Functioning of examination committee is performed on permanent basis.

The regulations of work of examination committee are established by the act of the employer.";

be reworded as follows appendix 1 according to appendix 2 to this list;

be reworded as follows appendix 2 according to appendix 3 to this list;

be reworded as follows appendix 9 according to appendix 4 to this list;

be reworded as follows appendix 10 according to appendix 5 to this list.

3. Bring in the order of the Minister of Energy of the Republic of Kazakhstan of April 1, 2020 No. 123 "About approval of rules of rendering the state services of use of atomic energy" (it is registered in the Register of state registration of regulatory legal acts for No. 20323), the following changes:

9) and 10) of Item 1 to exclude subitems;

in the Rules of rendering the state service "Licensing for Performance of Works, the Subjects to Use of Atomic Energy Connected with Stages of Lifecycle" approved by the specified order:

state Items 19 and 20 in the following edition:

"19. The claim to the decision, actions (failure to act) of employees of structural divisions of the service provider can be submitted addressed to the head of the service provider and (or) to authorized body by assessment and control of quality of rendering the state services in written, oral form, or in electronic form, video conferencing or video messages.

When sending the claim by means of the portal information on the address which is updated during processing of the address of uslugopoluchatel is available to the service provider from "personal account" (mark about delivery, registration, execution, the answer about consideration or refusal in consideration of the claim).

20. The claim is addressed to the subject or the official whose competence permission of the questions raised in the claim enters.

In the claim of physical person its surname, name, and also at will middle name, individual identification number, the postal address, the legal entity - its name, the postal address, business and identification number are specified. The claim is signed by physical person or the representative of the legal entity.

In case of submission of the claim the name of the subject or position, surnames and initials of officials of the service provider whose actions are appealed, motives of the address and requirement are specified.

The coupon with indication of date and time, surname and initials of person which accepted the claim is issued to Uslugopoluchatel who directly addressed in writing or by means of the video message the service provider.

The procedure for submission of the claim by means of video conferencing or the video message of uslugopoluchatel to heads of the service provider and their deputies is determined in Rules of the address by means of video conferencing or the video message of physical persons and legal entities to heads of the state bodies and their deputies approved by the order of the Minister of investments and development of the Republic of Kazakhstan of January 22, 2016 No. 50 (it is registered in the Register of state registration of regulatory legal acts for No. 13206).

The claim of uslugopoluchatel which arrived to the service provider according to Item 2 of article 25 of the Law, is subject to consideration within 5 (five) working days from the date of its registration.";

add with Items 21 and 22 of the following content:

"21. 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.

The term of consideration of the claim by authorized body by assessment and control of quality of rendering the state services, the service provider is prolonged no more than for 10 (ten) working days in need cases:

1) carrying out additional studying or check according to the claim or checks with departure into place;

2) receipts of the additional information.

In case of prolongation of term of consideration of the claim the official given authority on consideration of claims within 3 (three) working days from the moment of prolongation of term of consideration of the claim reports in writing (in case of submission of the claim on paper) or electronic form (in case of submission of the claim in electronic form) to the uslugopoluchatel who made the complaint about prolongation of term of consideration of the claim with indication of the prolongation reasons.

22. In disagreement cases with results of rendering the state service the uslugopoluchatel can appeal results judicially.";

be reworded as follows appendix 3 according to appendix 6 to this list;

in the Rules of rendering the state service "Licensing for Implementation of Activities for the Address Nuclear Materials" approved by the specified order:

state Items 19 and 20 in the following edition:

"19. The claim to the decision, actions (failure to act) of employees of structural divisions of the service provider can be submitted addressed to the head of the service provider and (or) to authorized body by assessment and control of quality of rendering the state services in written, oral form, or in electronic form, video conferencing or video messages.

When sending the claim by means of the portal information on the address which is updated during processing of the address of uslugopoluchatel is available to the service provider from "personal account" (mark about delivery, registration, execution, the answer about consideration or refusal in consideration of the claim).

20. The claim is addressed to the subject or the official whose competence permission of the questions raised in the claim enters.

In the claim of physical person its surname, name, and also at will middle name, individual identification number, the postal address, the legal entity - its name, the postal address, business and identification number are specified. The claim is signed by physical person or the representative of the legal entity.

In case of submission of the claim the name of the subject or position, surnames and initials of officials of the service provider whose actions are appealed, motives of the address and requirement are specified.

The coupon with indication of date and time, surname and initials of person which accepted the claim is issued to Uslugopoluchatel who directly addressed in writing or by means of the video message the service provider.

The procedure for submission of the claim by means of video conferencing or the video message of uslugopoluchatel to heads of the service provider and their deputies is determined in Rules of the address by means of video conferencing or the video message of physical persons and legal entities to heads of the state bodies and their deputies approved by the order of the Minister of investments and development of the Republic of Kazakhstan of January 22, 2016 No. 50 (it is registered in the Register of state registration of regulatory legal acts for No. 13206).

The claim of uslugopoluchatel which arrived to the service provider according to Item 2 of article 25 of the Law, is subject to consideration within 5 (five) working days from the date of its registration.";

add with Items 21 and 22 of the following content:

"21. 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.

The term of consideration of the claim by authorized body by assessment and control of quality of rendering the state services, the service provider is prolonged no more than for 10 (ten) working days in need cases:

1) carrying out additional studying or check according to the claim or checks with departure into place;

2) receipts of the additional information.

In case of prolongation of term of consideration of the claim the official given authority on consideration of claims within 3 (three) working days from the moment of prolongation of term of consideration of the claim reports in writing (in case of submission of the claim on paper) or electronic form (in case of submission of the claim in electronic form) to the uslugopoluchatel who made the complaint about prolongation of term of consideration of the claim with indication of the prolongation reasons.

22. In disagreement cases with results of rendering the state service the uslugopoluchatel can appeal results judicially.";

be reworded as follows appendix 2 according to appendix 7 to this list;

be reworded as follows appendix 3 according to appendix 8 to this list;

in the Rules of rendering the state service "Licensing for Implementation of Activities for the Treatment of the Radioactive Materials, Devices and Installations Containing Radioactive Materials" approved by the specified order:

state Items 19 and 20 in the following edition:

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