ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 20, 2022 No. 232

About modification of the order of the Government of the Republic of Kazakhstan of July 5, 2019 No. 479 "About measures for implementation of the Presidential decree of the Republic of Kazakhstan of June 17, 2019 No. 17 "About measures for further enhancement of system of public administration of the Republic of Kazakhstan"

The government of the Republic of Kazakhstan DECIDES:

1. Bring in the order of the Government of the Republic of Kazakhstan of July 5, 2019 No. 479 "About measures for implementation of the Presidential decree of the Republic of Kazakhstan of June 17, 2019 No. 17 "About measures for further enhancement of system of public administration of the Republic of Kazakhstan" the following changes:

state heading in the following edition:

"Questions of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan";

state Item 5 in the following edition:

"5. This resolution becomes effective from the date of its signing.";

To be reworded as follows the regulations on the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan (further – the Provision) approved by the specified resolution according to appendix to this resolution.

2. This resolution becomes effective from the date of its signing, except for:

subitems 304), 305) and 444) Provision Item 15 which are effective till January 1, 2024, the subitem 459) of Provision Item 15 which is effective till January 1, 2023 according to the Code of the Republic of Kazakhstan "About subsoil and subsurface use";

the subitem 651) Provision Item 15 which is effective till January 1, 2025 according to the Law of the Republic of Kazakhstan "About the responsible treatment of animals".

Appendix

to the Order of the Government of the Republic of Kazakhstan from 20 aprelya2022 years No. 232

Approved by the Order of the Government of the Republic of Kazakhstan of July 5, 2019 No. 479

Regulations on the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan

Chapter 1. General provisions

1. The ministry of ecology, geology and natural resources of the Republic of Kazakhstan (further – the Ministry) is the state body of the Republic of Kazakhstan performing management in spheres of forming and realization of state policy, coordination of management processes in spheres of environmental protection, meteorological and hydrological monitoring, development of "green economy", addresses with waste (except for medical, biological and radioactive waste), protection, control and supervision of rational use of natural resources, the state geological studying of subsoil, reproduction of mineral resources, use and protection of water fund, water supply, water disposal, forestry, protection, reproduction and use of fauna and especially protected natural territories (further – regulated spheres).

2. The ministry has departments:

1) Committee of ecological regulation and control of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan;

2) Committee of geology of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan;

3) Committee of forestry and fauna of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan;

4) Committee of fishery of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan;

5) Committee on water resources of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan.

3. The ministry performs the activities according to the Constitution and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

4. The ministry is legal entity in form of business of public institution, has symbols and distinctions (in case of their availability), seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with the name in the Kazakh and Russian languages, forms of the established sample, accounts in bodies of treasury according to the legislation of the Republic of Kazakhstan.

5. The ministry enters the civil relations from own name.

6. The ministry has the right to act as the party of the civil relations on behalf of the state if it is authorized on it according to the legislation of the Republic of Kazakhstan.

7. The ministry of questions of the competence of the procedure established by the legislation makes the decisions which are drawn up by orders of the head of the Ministry and other acts, stipulated by the legislation the Republic of Kazakhstan.

8. The structure and limit of the number of staff of the Ministry affirm according to the legislation of the Republic of Kazakhstan.

9. Location of the legal entity: 010000, Nour-Sultan's city, Esilsky district, Prospekt Mang_l_k El, house 8, office building "House of the ministries", 14 entrance.

10. This Provision is the constituent document of the Ministry.

11. Financing of activities of the Ministry is performed from the republican budget according to the legislation of the Republic of Kazakhstan.

12. The ministry is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are powers of the Ministry. If the Ministry by legal acts is granted the right to perform the activities which are bringing in incomes, then the gained income goes to the government budget if other is not established by the legislation of the Republic of Kazakhstan.

Chapter 2. Tasks and powers of the Ministry

13. Tasks:

1) forming and realization of state policy, enhancement of system of public administration in spheres of environmental protection, meteorological and hydrological monitoring, state control of protection, use and reproduction of natural resources, the treatment of production wastes and consumption (except for medical, biological and radioactive waste), enhancement of system of state regulation in the field of environmental protection and the state environmental control, economic methods of environmental protection, control of state policy of development of "green economy", the state geological studying, reproduction of mineral resources and providing with regulatory legal acts in the field of technical regulation and normative and technical documents within the competence;

2) implementation of coordination of activities of the central and local executive bodies for realization of state policy in the field of the activities referred to competence of the Ministry;

3) realization of state policy concerning international cooperation in the areas carried to competence of the Ministry;

4) preserving, rational use and recovery of natural resources;

5) development of system of distribution of information and education in the field of environmental protection and natural resources;

6) ensuring accomplishment of the international contractual and other commitments of the Republic of Kazakhstan, development of international cooperation in the field of environmental protection;

7) management and cross-industry coordination in the field of environmental protection, meteorological and hydrological monitoring;

8) public administration and ensuring the state control and supervision in regulated spheres;

9) preserving biological diversity;

10) management and cross-industry coordination concerning realization of state policy in the field of management of water resources, the woods, fauna and especially protected natural territories;

11) enhancement of the legislation in the field of water resources management, the woods, fauna and especially protected natural territories;

12) enhancement of system of public administration in the field of water resources management, the woods, fauna and especially protected natural territories;

13) development of international cooperation in the field of water resources management, the woods, fauna and especially protected natural territories;

14) ensuring the state control and supervision in the field of water resources management, the woods, fauna and especially protected natural territories;

15) enhancement of the legislation in the field of geology and reproduction of mineral resources;

16) implementation of the state control of transactions on geological studying of subsoil, and also use of space of subsoil;

17) implementation of other tasks assigned to the Ministry within the competence.

14. Powers:

1) rights:

request information from state bodies and the organizations, from officials and citizens;

within the competence independently to make decisions on the questions which are not carried to competence of the Government of the Republic of Kazakhstan;

bring to the President and in the Government of the Republic of Kazakhstan suggestions for improvement of activities in the spheres regulated by the Ministry;

adopt the regulatory legal acts obligatory for execution, and instructive-methodological documents within the competence;

make offers on development of regulatory legal acts or submit to authorized bodies initiative drafts of such acts;

make offers in the central and local executive bodies on cancellation or change of the acts adopted by them;

employ specialists of state bodies and other organizations, and also foreign and local experts and specialists when implementing of the functions assigned to the Ministry;

make offers on the conclusion of international treaties (agreements), hold negotiations with the relevant departments of foreign countries, the international organizations and foreign legal entities, sign agreements (agreements);

conclude memorandums (agreements) with heads of the central and local executive bodies in regulated spheres;

other rights and obligations established by the laws of the Republic of Kazakhstan;

2) obligations:

not disclose information, component the commercial, office, protected by the Law other secret received when implementing the powers, except as specified, established by the laws of the Republic of Kazakhstan;

accept and consider appeals of physical persons and legal entities according to the procedure and the terms established by the Administrative procedural Procedure Code of the Republic of Kazakhstan;

keep departmental account of number of checks of the checked subjects, and also the revealed violations according to checking sheets and the measures of administrative influence taken to them;

perform other powers provided by legal acts, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

15. Functions:

1) performs strategic, regulating, realizable and control and supervising functions in regulated spheres;

2) provides forming and realization of state policy in regulated spheres;

3) approves regulatory legal acts on realization of state policy in regulated spheres;

4) is formed by public council;

5) considers recommendations of public councils, makes stipulated by the legislation decisions of the Republic of Kazakhstan and gives motivated answers;

6) is performed by organizational support of activities of public council;

7) notifies public councils on placement on the Internet portal of open regulatory legal acts of the advisory document or corresponding project of the regulatory legal act concerning the rights, freedoms and obligations of citizens for its public discussion;

8) coordinates terms of carrying out public hearings by the public council formed by the Ministry;

9) submits the report to public council about results of the work of the Ministry directed to protection of public concerns;

10) carries out coordination of activities of the central and local executive bodies for realization of state policy in regulated spheres;

11) realizes state policy in the field of the state control and supervision in the corresponding industry (sphere);

12) is performed by consideration of draft documents on standardization within competence, and also preparation of offers on development, modification, review and cancellation of national, interstate standards, national qualifiers of technical and economic information and recommendations about standardization for entering into authorized body in the field of standardization;

13) considers draft documents on standardization and the national plan of standardization;

14) performs regulatory legal acts, strategic and program documents, achieves the goals and tasks in regulated spheres;

Develops 15) and approves the subordinate regulatory legal acts determining procedure for rendering the state services;

16) is provided by improvement of quality, availability of rendering the state services;

17) is provided by availability of the subordinate regulatory legal acts determining procedure for rendering the state services;

18) is provided by knowledge of uslugopoluchatel in available form of procedure for rendering the state services;

19) considers addresses of uslugopoluchatel concerning rendering the state services;

20) takes the measures directed to recovery of the violated rights, freedoms and legitimate interests of uslugopoluchatel;

21) is provided by advanced training of workers in the field of rendering the state services, communication with disabled people;

22) takes measures for optimization and automation of processes of rendering the state services according to the legislation of the Republic of Kazakhstan in coordination with authorized body in the field of informatization;

23) after entering into the register of the state services of new state service takes measures for transfer of its rendering in electronic format according to the legislation of the Republic of Kazakhstan in coordination with authorized body in the field of informatization;

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