of April 5, 2022 No. 198
About modification and amendments in the order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 27, 2020 No. 254 "About approval of Rules of rendering the state services in spheres of turnover of civil and office weapon and cartridges to it, civil pyrotechnic substances and products with their application"
I ORDER:
1. Bring in the order of the Minister of Internal Affairs of the Republic of Kazakhstan of March 27, 2020 No. 254 "About approval of Rules of rendering the state services in spheres of turnover of civil and office weapon and cartridges to it, civil pyrotechnic substances and products with their application" (it is registered in the Register of state registration of regulatory legal acts No. 20184) the following changes:
in the Rules of rendering the state service "Licensing for Implementation of Activities for Development, Production, Repair, Trade, Collecting, Exhibiting of Civil and Office Weapon and Cartridges to It" approved by the specified order:
state Item 7 in the following edition:
"7. The worker of the service provider within 3 (three) working days, considers results of checks and creates the license and (or) appendix to the license, in forms, according to appendix 3 and 4 to these rules.
In the presence of the bases provided in Item 9 of the standard the service provider notifies uslugopoluchatel 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 uslugopoluchatel line item according to the provisional solution.
The notification on hearing goes in advance, but not later than 3 (three) working days before completion of term of rendering the state service. Hearing is carried out no later than 2 (two) working days from the date of the notification.
By results of the hearing to uslugopoluchatel in electronic form signed by the EDS of the authorized person of the service provider the positive result or motivated refusal in rendering the state service goes.";
state Chapter 3 in the following edition:
"Chapter 3. Procedure for appeal of decisions, actions (failure to act) of the central state bodies, and also service providers and (or) their officials concerning rendering the state services
14. 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 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 three working days makes the favorable decision, will make administrative action, completely meeting requirements specified in the claim.
The claim of uslugopoluchatel which arrived to the service provider who is directly rendering the state service according to Item 2 of article 25 of the Law of the Republic of Kazakhstan "About the state services" 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 fifteen working days from the date of its registration.
If other is not provided by the law, appeal to the court is allowed after appeal in pre-judicial procedure.";
in appendix 1:
9, to state line, sequence number in the following edition:
"
|
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) if occupation type of activity is forbidden by the laws of the Republic of Kazakhstan for this category of physical persons or legal entities; 3) not introduction of the license fee for the occupation right separate types of activity, in case of filing of application on licensing by sight activities; 4) not compliance of uslugopoluchatel to qualification requirements; 5) if earlier the license and (or) appendix to the license were renewed on other legal entity from among the legal persons licensees who again resulted from separation; Will lock 6) to uslugopoluchatel court based on representation of the legal executive to obtain licenses; 7) impossibility to provide production safety conditions, accounting and safety of weapon or failure to provide of these conditions; 8) absence at uslugopoluchatel: permanent residence; proper conditions for storage of weapon; 9) voluntary refusal of permission or death of the owner of weapon; 10) availability not extinguished or not removed in the procedure for criminal record established by the law for crime execution; 11) release from criminal liability on not rehabilitating bases before the expiration of lower limit of the custodial sanction prescribed by the corresponding part of Article of the Special part of the Criminal Code of Kazakhstan; 12) making repeatedly within year of the administrative offense provided by Articles 127, of 128, of 131, of 382, of 434, of 437, of 438, of 440, of 443, of 444, of 448, of 450, of 453, of 462, of 476, of 477, of 478, of 481, of 482, of 484, of 485, 485-1, 486, of 487, of 489, of 490, of 492, of 493, 506 Codes of the Republic of Kazakhstan about administrative offenses; 13) making of the criminal offense provided by Articles 287 (part one), 288 (part four), 288, 296 (part one), 337 (parts one and the second), 346 (part one), 379 (part one), 389 (parts one and the second) the Criminal Code of Kazakhstan and the administrative offense provided by Articles 73, of 436, 453 and 461 Codes of the Republic of Kazakhstan about administrative offenses; 14) not passings an examination for examination of rules of safe handling of weapon within two months from the date of receipt of the resolution on the direction of the owner or the user of civil and office weapon on examination of rules of safe handling of weapon; 15) emergence of circumstances, stipulated by the legislation the Republic of Kazakhstan, the permissions excluding possibility of obtaining; 16) the constructive alteration by the owner of civil or office weapon which entailed change of ballistic and other technical characteristics of the specified weapon; 17) discrepancies of civil and office weapon to technical regulations in the field of turnover of civil and office weapon and cartridges to it, and also criminalistic requirements; 18) if person stays on the registry of law-enforcement bodies and (or) homeland security through fight against extremism, terrorism or organized crime; 19) discrepancy of uslugopoluchatel and (or) the provided materials, objects, supplied and the information necessary for rendering the state service, to the requirements established by the Order No. 5; 20) concerning uslugopoluchatel there is decision (sentence) of court on prohibition of activities or the separate types of activity requiring receipt of certain state service which took legal effect; 21) 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; 22) is debtor on enforcement proceeding about eviction and demolition on the brought representation of the legal executive |
";
in the Rules of rendering the state service "Licensing for Implementation of Activities for Development, Production, Trade, Use of Civil Pyrotechnic Substances and Products with Their Application" approved by the specified order:
state Item 7 in the following edition:
"7. The worker of the service provider within 3 (three) working days, considers results of checks and creates the license and (or) appendix to the license, in forms, according to appendix 3 and 4 to these rules.
In the presence of the bases provided in Item 9 of the standard the service provider notifies uslugopoluchatel 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 uslugopoluchatel line item according to the provisional solution.
The notification on hearing goes in advance, but not later than 3 (three) working days before completion of term of rendering the state service. Hearing is carried out no later than 2 (two) working days from the date of the notification.
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