ORDER OF THE MINISTER OF EMERGENCY SITUATIONS OF THE REPUBLIC OF KAZAKHSTAN

of September 29, 2021 No. 485

About approval of Rules of rendering the state service "Registration and Removal from Accounting of Dangerous Technical Devices" and recognition voided some orders of the Minister of investments and development of the Republic of Kazakhstan and the Minister of the industry and infrastructure development of the Republic of Kazakhstan

According to the subitem 98) of Item 16 of the Regulations on the Ministry of Emergency Situations of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of October 23, 2020 No. 701 and 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 "Registration and Removal from Accounting of Dangerous Technical Devices", according to appendix 1 to this order.

2. Recognize invalid some orders of the Minister of investments and development of the Republic of Kazakhstan and the Ministry of the industry and infrastructure development of the Republic of Kazakhstan according to appendix 2 to this order.

3. To provide to committee of industrial development and industrial safety 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.

5. This order becomes effective after twenty one 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

Approved by the Order of the Minister of Emergency Situations of the Republic of Kazakhstan of September 29, 2021 No. 485

Rules of registration and removal from accounting of hazardous production facilities and dangerous technical devices

Chapter 1. General provisions

1. These rules of registration and removal from accounting of hazardous production facilities and dangerous technical devices (further – Rules) are developed according to the subitem 98) of Item 16 of the Regulations on the Ministry of Emergency Situations of the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of October 23, 2020 No. 701 and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law on the state services) and determine procedure for registration and removal from accounting of hazardous production facilities and dangerous technical devices, and procedure for rendering the state service "Registration and Removal from Accounting of Dangerous Technical Devices".

2. Registration and removals from accounting of hazardous production facilities is performed by territorial subdivision of department of authorized body in the field of industrial safety (further – territorial department).

3. Registration and removals from accounting of dangerous technical devices on industrial facilities is performed by territorial departments.

Registration and removals from accounting of dangerous technical devices on objects of social infrastructure is performed by local executive bodies of areas, cities of republican and regional value, the capital.

4. The hazardous production facilities put into operation and which underwent identification according to the procedure, No. 353 determined by the order of the Minister of investments and development of the Republic of Kazakhstan of December 30, 2014 "About approval of Rules of identification of hazardous production facilities" are subject to registration of hazardous production facilities (it is registered in the Register of state registration of regulatory legal acts at No. 10310) (further – Rules of identification).

5. The dangerous technical devices determined by subitem 32-1) of article 1 of the Law of the Republic of Kazakhstan "About civil protection" are subject to registration of dangerous technical devices (further – the Law).

The dangerous technical devices determined by Item 244 and 883 of the order of the Minister of investments and development of the Republic of Kazakhstan of December 30, 2014 No. 358 "About approval of Rules of ensuring industrial safety in case of operation of the equipment working under pressure" are not subject to registration (it is registered in the Register of state registration of regulatory legal acts at No. 10303) and Item 53 of the order of the Minister of investments and development of the Republic of Kazakhstan of December 30, 2014 No. 359 "About approval of Rules of ensuring industrial safety in case of operation of heavy lift gears" (it is registered in the Register of state registration of regulatory legal acts at No. 10332).

6. Territorial departments and local executive bodies of areas, cities of republican and regional value, the capital independently strike off the register the hazardous production facilities and (or) dangerous technical devices which are earlier staying on the registry in case of lack of opportunity by persons operating hazardous production facilities and (or) dangerous technical devices liquidated or taken out of service to submit the application about removal from accounting.

Chapter 2. Procedure for registration and removal from accounting of hazardous production facilities

7. For registration of hazardous production facilities the head of the organization operating hazardous production facilities submits the application to territorial department with appendix of information on identification of hazardous production facilities in form, according to appendix 2 to Rules of identification according to cadastral number of the parcel of land on which the hazardous production facility, about date and number of the coordinated project documentation on construction, expansion, reconstruction, upgrade, preservation of hazardous production facilities is located.

The head of the organization operating hazardous production facilities bears responsibility for reliability of the provided information for registration of hazardous production facilities.

8. The territorial department in time which is not exceeding 15 (fifteen) working days from receipt date of the statement considers the provided information, checks it for completeness, correctness of identification, availability of signs of hazardous production facility, the stipulated in Clause 70 Laws and sends to the applicant the notification on registration of hazardous production facilities or the notification on need of elimination of the available notes and shortcomings.

9. By results of consideration of the provided information in case of completeness, correctness of identification and availability of signs of hazardous production facility, the stipulated in Clause 70 Laws, territorial department enters data on hazardous production facility in the Register of hazardous production facilities in form according to appendix 1 to these rules and sends to the applicant the notification on registration of hazardous production facilities.

In case of incompleteness of the provided information, the wrong identification, lack of signs of hazardous production facility, the stipulated in Clause 70 Laws, to the applicant goes the notification on need of elimination of the available notes and shortcomings.

After elimination of the available notes and shortcomings the head of the organization operating hazardous production facilities submits the application to territorial department in the procedure established by these rules.

10. For removal from accounting of hazardous production facilities the head of the organization operating hazardous production facilities submits the application to territorial department with indication of the reason of removal from accounting.

The head of the organization operating hazardous production facilities bears responsibility for reliability of the provided information for removal from accounting of hazardous production facilities.

11. The territorial department in time which is not exceeding 6 (six) working days from receipt date of the statement considers the provided information, enters data on removal of hazardous production facility in the Register of hazardous production facilities and sends to the applicant the withdrawal notice from accounting of hazardous production facilities.

Chapter 3. Procedure for registration and removal from accounting of dangerous technical devices

12. Registration and removals from accounting of dangerous technical devices is carried out according to the procedure of rendering the state service "Registration and Removal from Accounting of Dangerous Technical Devices".

13. The state service "Registration and Removal from Accounting of Dangerous Technical Devices" (further – the state service), appears territorial departments and local executive bodies of areas, cities of republican and regional value, the capital (further – the service provider) according to these rules.

14. For receipt of the state service the legal entities and physical persons operating dangerous technical devices (further – uslugopoluchatel) send to the service provider through the web portal of "the electronic government" www.egov.kz (further – the portal) the statement in electronic form certified by the digital signature of uslugopoluchatel in forms according to appendices 2 or 3 to 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 according to appendix 4 to these rules in the form of the List of the main requirements to rendering the state service.

15. The portal performs reception of an application in the automatic mode.

When giving the uslugopoluchatel of all necessary documents by means of the portal in "personal account" of uslugopoluchatel displays the status about acceptance of request for rendering the state service with indication of the date of receipt of result of the state service.

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, reception of an application and issue of result of rendering the state service is performed the next working afternoon.

Responsibility for reliability of the submitted documents and data containing in them is born by uslugopoluchatel.

16. The employee of office of the service provider performs registration of a statement and sends to the head of the service provider or replacement his face which appoints the executive in charge.

17. The executive in charge checks the submitted documents and data specified in them compliance to requirements of regulatory legal acts in the field of industrial safety and draws up result of rendering the state service, in forms according to appendices 5, 6 or 7 to these rules.

18. Introduces data on the dangerous technical devices registered or struck off the register the service provider in the Register of dangerous technical devices in form according to appendix 8 to these rules.

19. The bases for refusal in rendering the state service established by the legislation of the Republic of Kazakhstan are stated in annex 4 to these rules.

20. The result of rendering the state service is signed by the digital signature of the head of the service provider or replacement his face and goes through the portal to "personal account" of uslugopoluchatel in electronic form.

Uslugopoluchatel obtains information on procedure and the status of rendering the state service in the mode of remote access by means of portal "personal account".

Information on procedure and the status of rendering the state service arrives in the automatic mode in information system of monitoring of rendering the state services.

21. The authorized body in the field of industrial safety within three working days sends information on the made changes and (or) additions to these rules to the operator of information and communication infrastructure of "the electronic government", and also to Single contact center.

22. The state service, appears in turn without making an appointment and the accelerated servicing.

Chapter 4. Procedure for appeal of decisions, actions (bezdeystviye) of administrative authority (service provider) and (or) his officials including concerning rendering the state service

23. The participant of ministerial procedure has the right to appeal the administrative act, administrative action (failure to act), administrative authority and (or) its officials concerning registration and removal from accounting of hazardous production facilities according to the procedure, established by Chapter 13 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further – APPK RK).

24. 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 to the service provider, 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 and administrative case to the body considering the claim.

At the same time the service provider, the official whose decision, action (failure to act) are appealed, has the right not to send the claim to the body considering the claim if he within 3 (three) working days makes the favorable decision, will make administrative action, completely meeting the requirements specified in the claim.

25. The claim of uslugopoluchatel which arrived to the service provider according to Item 2 of article 25 of the Law on 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 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.

26. The term of consideration of the claim by the service provider, authorized body by assessment and control of quality of rendering the state services according to item 4 of article 25 of the Law on the state services 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.

27. If other is not provided by the Law on the state services, appeal in court is allowed after appeal in administrative (pre-judicial) procedure according to Item 5 of article 91 APPK RK.

Appendix 1

to Rules of registration and removal from accounting of hazardous production facilities and dangerous technical devices

Form

Register of hazardous production facilities

№ of payment order	The name of the owner operating hazardous production facility	Business and identification number / individual identification number of the owner operating hazardous production facility	The location (address) of the owner operating hazardous production facility	Name of hazardous production facility	Location (address) of hazardous production facility	Industry and type of activity	Features of identification of hazardous production facility	Date and number of registration of hazardous production facility	Date, number and reasons of removal from accounting of hazardous production facility	Note
1	2	3	4	5	6	7	8	9	10	11

 

Appendix 2

to Rules of registration and removal from accounting of hazardous production facilities and dangerous technical devices

Form

[Details of physical person or legal entity (address, individual identification number / бизнес-идентификационный number, phone)]

Statement for registration of the dangerous technical device

_____________________________________________________________
       (name of physical person or legal entity)

being guided by article 77 of the Law of the Republic of Kazakhstan "About civil protection", asks you to consider the enclosed list of documents and to register:

_______________________________________________________________
        (name, type, type of the dangerous technical device)

Factory (serial) ¹________________________________________

Made ________________________________________________
  (date and year of production, name of manufacturer, country)

The normative service life of the dangerous technical device established
_______________________________ manufacturing plant
                            (date and year of normative service life)

Appendix: [List of documents necessary for rendering the state service]

He agrees to use of the data which are the secret protected by the law, containing in information systems.

I confirm reliability of the provided information and it is informed on responsibility for provision of false information according to the legislation of the Republic of Kazakhstan.

____________________________
 [Surname, name, middle name (in the presence),
  digital signature]

Appendix 3

to Rules of registration and removal from accounting of hazardous production facilities and dangerous technical devices

Form

[Details of physical person or legal entity (address, individual identification number / бизнес-идентификационный number, phone)]

Statement for removal from accounting of the dangerous technical device

_____________________________________________________________
            (name of physical person or legal entity)

being guided by article 77 of the Law of the Republic of Kazakhstan "About civil protection", asks you to consider the enclosed list of documents and to strike off the register:

_____________________________________________________________
   (reason of removal from accounting, name, type, type of the dangerous technical device)

Factory (serial) No. _______________________________________

Made _______________________________________________
  (date and year of production, name of manufacturer, country)

The normative service life of the dangerous technical device established

_______________________________ manufacturing plant
                           (date and year of normative service life)

Appendix: [List of documents necessary for rendering the state service]

He agrees to use of the data which are the secret protected by the law, containing in information systems.

I confirm reliability of the provided information and it is informed on responsibility for provision of false information according to the legislation of the Republic of Kazakhstan.

____________________________
    [Surname, name, middle name (in the presence),
   digital signature]

Appendix 4

to Rules of registration and removal from accounting of hazardous production facilities and dangerous technical devices

List of the main requirements to rendering the state service "Registration and Removal from Accounting of Dangerous Technical Devices"

Name of subspecies of the state service: 1. Registration of dangerous technical devices. 2. Removal from accounting of dangerous technical devices.
1	Name of the service provider	Territorial department – in case of registration and removal from accounting of dangerous technical devices on industrial facilities. Local executive bodies of areas, cities of republican and regional value, the capital – in case of registration and removal from accounting of dangerous technical devices on objects of social infrastructure.
2	Methods of provision of the state service	The web portal of "the electronic government" www.egov.kz, (further – the portal)
3	Term of rendering the state service	3 (three) working days
4	Form of rendering the state service	Electronic (partially automated)
5	Result of rendering the state service	The notification on registration of the dangerous technical device, the withdrawal notice from accounting of the dangerous technical device or motivated refusal
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	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 (further – the Code) with lunch break from 13:00 to 14:30 o'clock. 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 Code, reception of an application and issue of result 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 registration of dangerous technical devices: 1) statement; 2) electronic passport copy (duplicate of the passport) of the dangerous technical device. In case of registration of the dangerous technical device which fulfilled normative service life in addition the electronic copy of the expert opinion on its further safe operation is provided. For removal from accounting of dangerous technical devices: 1) statement; 2) electronic passport copy (duplicate of the passport) of the dangerous technical device. The service provider receives data on identity documents, on state registration (re-registration) of the legal entity, the individual entrepreneur 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 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 submitted documents and data necessary for rendering the state service, to requirements of regulatory legal acts in the field of industrial safety; 3) concerning uslugopoluchatel there is decision (sentence) of court on prohibition of activities or the separate types of activity requiring receipt of the 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; 5) 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" 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	Addresses of places of rendering the state service are placed on: 1) Internet resource of the service provider; 2) www.egov.kz portal. Phone of Single contact center concerning rendering the state services: "1414", +7 (800) 080 7777.

Appendix 5

to Rules of registration and removal from accounting of hazardous production facilities and dangerous technical devices

See Appendix 5 (97Kb In original language)

Appendix 6

to Rules of registration and removal from accounting of hazardous production facilities and dangerous technical devices

See Appendix 6 (96Kb In original language)

Appendix 7

to Rules of registration and removal from accounting of hazardous production facilities and dangerous technical devices

See Appendix 7 (96Kb In original language)

Appendix 8

to Rules of registration and removal from accounting of hazardous production facilities and dangerous technical devices

Form

Register of dangerous technical devices

№ of payment order	The name of the owner operating the dangerous technical device	Business and identification number / individual identification number of the owner operating the dangerous technical device	The location (address) of the owner operating the dangerous technical device	Name of the dangerous technical device	Type, type of the dangerous technical device	Serial (serial) number, date and year of production, the name and the country of manufacturing plant of the dangerous technical device, the normative service life of the dangerous technical device established by manufacturing plant	Location (address) of the dangerous technical device	Date and number of registration of the dangerous technical device	Date, number and reasons of removal from accounting of the dangerous technical device	Note
1	2	3	4	5	6	7	8	9	10	11

 

Appendix 2

to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of September 29, 2021 No. 485

List of invalid some Orders of the Minister of investments and development of the Republic of Kazakhstan and Minister of the industry and infrastructure development of the Republic of Kazakhstan

1) the Order of the Minister of investments and development of the Republic of Kazakhstan of November 27, 2018 No. 822 "About approval of the standard of the state service "Registration and Removal from Accounting of Dangerous Technical Devices" (it is registered in the Register of state registration of regulatory legal acts at No. 17845, it is published in Reference control bank of normative legal acts of the Republic of Kazakhstan on December 12, 2018).

2) the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of January 22, 2019 No. 28 "About approval of regulations of the state service "Registration and Removal from Accounting of Dangerous Technical Devices" (it is registered in the Register of state registration of normative legal acts at No. 18235, it is published in Reference control bank of normative legal acts of the Republic of Kazakhstan on January 30, 2019).

3) the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of July 30, 2019 "About introduction of amendments to the order of the Minister of investments and development of the Republic of Kazakhstan of November 27, 2018 No. 822 "About approval of the standard of the state service "Registration and Removal from Accounting of Dangerous Technical Devices" (it is registered in the Register of state registration of normative legal acts at No. 19152, it is published in Reference control bank of normative legal acts of the Republic of Kazakhstan on August 6, 2019).

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