ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 27, 2022 No. 440

About modification of the order of the Government of the Republic of Kazakhstan of December 29, 2018 No. 936 "About some questions of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan and modification and amendments in some decisions of the Government 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 December 29, 2018 No. 936 "About some questions of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan and modification and amendments in some decisions of the Government of the Republic of Kazakhstan" the following changes:

state Item 6 in the following edition:

"6. This resolution becomes effective from the date of its signing, except for the subitem 250) of Provision Item 15 which is effective till January 1, 2026 according to the Code of the Republic of Kazakhstan "About subsoil and subsurface use".";

To be reworded as follows the regulations on the Ministry of the industry and infrastructure development of the Republic of Kazakhstan approved by the specified resolution according to appendix to this resolution.

2. This resolution becomes effective from the date of its signing.

 

Appendix

to the Order of the Government of the Republic of Kazakhstan of June 27, 2022 No. 440

Approved by the Order of the Government of the Republic of Kazakhstan of December 29, 2018 No. 936

Regulations on the Ministry of the industry and infrastructure development of the Republic of Kazakhstan

Chapter 1. General provisions

1. The ministry of the industry and infrastructure development of the Republic of Kazakhstan (further – the Ministry) is the state body of the Republic of Kazakhstan performing management in spheres of the industry and industrial development; industries; mining and metallurgical complex; developments of intra country value; mechanical engineering; coal, chemical, light, woodworking and furniture industry; construction industry and production of construction materials; safety of machines and equipment; safety of chemical products according to industry orientation; export control; energy saving and increase in energy efficiency; regulations of production of precious metals and turnover of precious metals and gemstones; the primary goods containing precious metals; jewelry and other products; creations, functioning and abolition of special economic zones; public administration by subsurface use regarding solid minerals, except for uranium production; in spheres railway, automobile, inland water transport; merchant shipping; in the field of use of airspace of the Republic of Kazakhstan and activities of civil and experimental aviation; natural monopolies in the field of services of air navigation and the airports; in the socially significant markets in the field of services of the airports; highways; architectural, town-planning and construction activities; housing relations; municipal services; state regulation in the field of water supply and water disposal; heat supplies (except the combined heat and power plants and boiler rooms performing production of heat energy in zone of centralized heat supply) within settlements; equity in housing construction; defense industry; participations in carrying out single military and technical policy; implementation of military and technical cooperation; in the field of forming, placement and accomplishment of the state defense order.

2. The ministry has departments:

1) Committee of industrial development of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan;

2) Committee of highways of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan;

3) Committee of civil aviation of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan;

4) Committee of transport of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan;

5) Committee on cases of construction and housing and communal services of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan;

6) Committee of the state defense order of the Ministry of the industry and infrastructure development 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 seals with the image of the State Emblem of the Republic of Kazakhstan and stamps with the name in state language, 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. Ministry location: Republic of Kazakhstan, 010000, Nour-Sultan's city, area Esil, Prospekt Kabangbai of the batyr, 32/1, building "Transport Tower".

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) participation in forming and realization of state policy in spheres of the industry; developments of intra country value; mining and metallurgical complex; mechanical engineering; coal, chemical, light, woodworking and furniture industry; construction industry and production of construction materials; safety of machines and the equipment and safety of chemical products according to industry orientation; export control; energy saving and increase in energy efficiency; productions of precious metals and turnover of precious metals and gemstones; the primary goods containing precious metals; jewelry and other products; creations, functioning and abolition of special economic zones; public administration by subsurface use regarding solid minerals, except for uranium production; in spheres railway, automobile, inland water transport, merchant shipping; in the field of use of airspace of the Republic of Kazakhstan and activities of civil and experimental aviation; highways; architectural, town-planning and construction activities; housing relations; municipal services; water supply and water disposal; heat supplies (except the combined heat and power plants and boiler rooms performing production of heat energy in zone of centralized heat supply) within settlements; equity in housing construction; defense industry;

2) implementation of cross-industry coordination of state bodies in the field of the activities referred to competence of the Ministry;

3) safety of transport and processes of its lifecycle for life and health of the person and the environment;

4) forming and carrying out investment, scientific and technical and social policy in the field of transport;

5) development of forecasts of needs of the state and the population in transportations;

6) protection of interests of the Republic of Kazakhstan in the field of transport;

7) creation of conditions for ensuring requirements of economy and the population of the republic in transportations, including socially important passenger traffic, and the related services;

8) use of new technologies, including information and communication technologies, the means facilitating mobility of devices and technologies, adapted for disabled people when implementing passenger traffic;

9) training of the transport workers performing passenger traffic, to skills of communication and provision of services to disabled people including to sign language;

10) control and supervision of observance of the rights of consumers of transport services;

11) coordination of work and implementation of function of state regulation of activities of transport complex of the Republic of Kazakhstan;

12) implementation of the state control in regulated spheres;

13) public administration in regulated spheres;

14) observance of gender balance in case of acceptance for work and promotion of employees;

15) creation of effective system of defense industry complex;

16) providing Armed Forces of the Republic of Kazakhstan, other troops and military forming, special state and law enforcement agencies of the Republic of Kazakhstan with modern goods with military (products), goods (products) of dual purpose (application), military works and military services;

17) use of scientific and technological and potential production of the organizations of defense industry complex in civil industries of the industry;

18) ensuring creation of modern types of arms, the military and special equipment for the benefit of increase and strengthening of defense capability, safety and law and order in the state;

19) support and further development of the export potential of the organizations of defense industry complex;

20) development of applied researches and developmental works and their further commercialization;

21) participation in carrying out single military and technical policy and implementation of military and technical cooperation;

22) management in the field of forming, placement and accomplishment of the state defense order;

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

14. Powers:

1) rights:

adopts legal acts, obligatory for execution, within the competence;

requests and receives in the procedure established by the legislation from state bodies, the organizations, their officials necessary information and materials;

creates advisory and consultative and commissions of experts within the competence;

requests and receives from state bodies, officials of other organizations and physical persons information necessary for implementation of the functions assigned to the Ministry, with observance established by legal acts of the Republic of Kazakhstan of requirements to disclosure of the data which are the commercial and protected by the law other secret;

brings within the competence in state bodies of the offer on cancellation or change of the acts adopted by them violating the law of the Republic of Kazakhstan;

concludes memorandums (agreements) with heads of the central and local executive bodies directed to achievement of resulting effects of activities in the regulated sphere;

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

performs other powers provided by legal acts of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan;

2) obligations:

adopts legal acts, obligatory for execution, within the competence;

makes explanations and comments on application of the current legislation on the questions entering competence of the Ministry;

encourages workers, imposes authority punishments, brings workers to financial responsibility in the cases and procedure provided by the Labor code and the legislation on public service;

performs other obligations provided by legal acts of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

15. Functions:

1) forming and realization of state policy in regulated spheres;

2) realization of state policy in the field of the state control and supervision in regulated industries (spheres) in which the state control and supervision are exercised;

3) taking measures to development of the competition in case of realization of state policy in the corresponding industries of economy and to non-execution of the actions (failure to act) which are negatively influencing the competition;

4) development, approval of authorized body in the field of permissions and notifications and approval of regulatory legal acts about approval of qualification requirements and the list of the documents confirming compliance to them, except for qualification requirements, and the list of documents to the licensed types of activity in the field of gaming;

5) implementation of international cooperation in regulated spheres;

6) development and approval together with authorized body on entrepreneurship of the acts concerning criteria for evaluation of risk degree for selection of subjects (objects) of control and supervision, checking sheets, for carrying out preventive control and supervision with visit of subject (object) of control and supervision;

7) implementation of the organization of the state control and supervision according to the laws of the Republic of Kazakhstan;

8) implementation of monitoring of efficiency of the state control and supervision;

9) creation of protocols, hearing of cases about administrative offenses and imposing of administrative punishments according to the procedure, established by the Code of the Republic of Kazakhstan about administrative offenses;

10) implementation of counteraction to terrorism within the competence established by the legislation of the Republic of Kazakhstan;

11) development, approval and approval within the competence of regulatory legal acts of regulated spheres;

12) development and approval of rules of marking and traceability of goods within competence;

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