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

of April 1, 2022 No. 175

About modification and amendments in some orders of the Ministry for Investments and Development of the Republic of Kazakhstan in the field of maintenance of the flight validity

I ORDER:

1. Approve the list of some orders of the Ministry for Investments and Development of the Republic of Kazakhstan in the field of maintenance of the flight validity to which changes and additions, according to appendix to this order are made.

2. To provide to committee of civil aviation 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.

3. 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 sixty calendar days after day of its first official publication.

Appendix

to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of April 1, 2022 No. 175

The list of some orders of the Ministry for Investments and Development of the Republic of Kazakhstan in the field of maintenance of the flight validity to which changes and additions are made

1. Bring in the order of the acting minister on investments and development of the Republic of Kazakhstan of February 24, 2015 No. 197 "About approval of Rules of certification and issue of the certificate of the organization for maintenance and repair of the aircraft equipment of civil aviation" (it is registered in the Register of state registration of regulatory legal acts for No. 11722) the following changes:

in the Rules of certification and issue of the certificate of the organization for maintenance and repair of the aircraft equipment of civil aviation approved by the specified order:

state Item 17-1 in the following edition:

"17-1. Based on the act of certified inspection and in cases, lack of need carrying out additional studying or check, authorized organization draws up and directs to the portal in "personal account" of the applicant the certificate of the organization for maintenance and repair of the aircraft equipment or the motivated answer on refusal in rendering the state service in the bases specified in Item 9 of the Standard in electronic form signed by the EDS of the authorized person of authorized organization.

In case of identification of the bases for refusal in rendering the state service the authorized organization notifies the applicant on the provisional solution about refusal in rendering the state service, and also time, date and the place (method) of carrying out hearing for opportunity to express to the applicant 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 according to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further – APPK RK). Hearing is carried out no later than 2 (two) working days from the date of the notification.

Following the results of hearing the result of rendering the state service, or motivated refusal in rendering the state service is created.";

state Items 19 and 20 in the following edition:

"19. Consideration of the claim to administrative action (failure to act) of staff of authorized organization connected with adoption of the administrative act in administrative (pre-judicial) procedure is made by higher administrative authority, the official, authorized body by assessment and control of quality of rendering the state services.

The claim of the applicant according to Item 2 of article 25 of the Law on the state services is subject to consideration:

authorized organization – within 5 (five) working days from the date of its registration;

authorized body in the field of civil aviation, authorized body by assessment and control of quality of rendering the state services – within 15 (fifteen) working days from the date of its registration.

The claim is submitted in authorized organization and (or) authorized body in the field of civil aviation and (or) to the official whose decision, action (failure to act) are appealed.

The authorized organization, authorized body in the field of civil aviation, 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 authorized organization, authorized body in the field of civil aviation, the official whose decision, action (failure to act) are appealed, do not send the claim to the body considering the claim if within 3 (three) working days the decision or other administrative action which are completely meeting the requirements specified in the claim is made.

20. The term of consideration of the claim by authorized organization, authorized body in the field of civil aviation, 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 to form) to the applicant who made the complaint about prolongation of term of consideration of the claim with indication of the prolongation reasons.

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 APPK RK";

state Item 29 in the following edition:

"29. In case of expansion of scope of the certificate the applicant sends to authorized organization documents according to the list, stipulated in Item 8 Standards, as for receipt of the certificate of the organization for maintenance and repair of the aircraft equipment of civil aviation.".

2. Bring in the order of the acting minister on investments and development of the Republic of Kazakhstan of February 24, 2015 No. 198 "About approval of Rules of certification and issue of the certificate of the flight validity of the civil aircraft of the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts for No. 12073) the following changes:

in the Rules of certification and issue of the certificate of the flight validity of the civil aircraft of the Republic of Kazakhstan approved by the specified order:

state Items 9-1 and 9-2 in the following edition:

"9-1. In time at least in 2 (two) working days prior to carrying out certified inspection, through the portal the notification signed by the EDS of the authorized person of authorized organization in any form, containing information on start date, possible changes and amendments to the procedure of certification goes to "personal account" of the applicant.

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