ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of November 4, 2022 No. 367

About modification and amendments in the order of the acting minister of agricultural industry of the Republic of Kazakhstan of March 27, 2015 No. 4-2/266 "About approval of Rules of certification of producers of original and elite seeds, seeds of the first, second and third reproductions, implementors of seeds"

I ORDER:

1. Bring in the order of the acting minister of agricultural industry of the Republic of Kazakhstan of March 27, 2015 No. 4-2/266 "About approval of Rules of certification of producers of original and elite seeds, seeds of the first, second and third reproductions, implementors of seeds" (No. 11773) the following changes and amendment is registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan:

state preamble in the following edition:

"According to the subitem 6) of Item 1 of article 6 of the Law of the Republic of Kazakhstan "About seed farming" and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" I ORDER:";

in Rules of certification of producers of original and elite seeds, seeds of the first, second and third reproductions, implementors of the seeds approved by the specified order:

state Item 1 in the following edition:

"1. These rules of certification of producers of original and elite seeds, seeds of the first, second and third reproductions, implementors of seeds (further – Rules) are developed according to the subitem 6) of Item 1 of article 6 of the Law of the Republic of Kazakhstan "About seed farming" (further – the Law on seed farming), the subitem 1) of article 10 of the Law of the Republic "About the state services" (further – the Law) and determine procedure for certification of producers of original and elite seeds, seeds of the first, second and third reproductions, implementors of seeds, and also procedure for rendering the state service "Certification of Producers of Original, Elite Seeds, Seeds of the First, Second and Third Reproductions and Implementors of Seeds" (further – the state service).";

in Item 2:

4) to exclude the subitem;

12) to state the subitem in the following edition:

"12) the operator of information and communication infrastructure of "the electronic government" (further – the operator) – the legal entity determined by the Government of the Republic of Kazakhstan according to the subitem 2) of article 6 of the Law of the Republic of Kazakhstan "About informatization" to who ensuring functioning of the information and communication infrastructure of "the electronic government" assigned to it is assigned;";

state Items 7 and 8 in the following edition:

"7. For passing of certification and receipt of the certificate on certification the applicant (uslugopoluchatel) in electronic form by means of the portal by means of the EDS directs the following documents:

1) the statement for carrying out certification (recertification) in form according to appendix 3 to these rules (further – the statement);

2) form of data on compliance to requirements imposed to producers of original seeds according to appendix 4 to these rules;

form of data on compliance to requirements imposed to elite and seed-growing farms according to appendix 5 to these rules;

form of data on compliance to requirements imposed to seed-growing farms according to appendix 6 to these rules;

form of data on compliance to requirements imposed to implementors of seeds according to appendix 7 to these rules.

Branches and representations of legal entities independently submit applications.

The applicant (uslugopoluchatel) submits the application to local executive body (service provider) in the territory of which the parcel of land and material and technical resources of business entity is located.

The list of the main requirements to rendering the state service "Certification of Producers of Original, Elite Seeds, Seeds of the First, Second and Third Reproductions and Implementors of Seeds" is stated in annex 8 to these rules.

Data on the identity document of physical person, on registration (re-registration) of the legal entity, the local executive body (service provider) receives from the corresponding state information systems through lock of "the electronic government".

In case of delivery by the applicant (uslugopoluchatel) of all necessary documents in confirmation of adoption of the statement in "personal account" of the applicant (uslugopoluchatel) the status about acceptance of request for rendering the state service, and also the notification with indication of date and time of receipt of result of the state service is displayed.

8. The certificate on certification or motivated refusal in rendering the state service is drawn up within 10 (ten) working days from the moment of registration of a statement.

In case of the address of the applicant (uslugopoluchatel) after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application and issue of result of rendering the state service are performed in the next working day following it.

In cases of representation by the applicant (uslugopoluchatel) of incomplete document package and (or) documents with the expired effective period, the local executive body (service provider) refuses reception of an application.";

state Items 11 and 12 in the following edition:

"11. The commission based on the act of inspection within 4 (four) working days makes the decision on issue of the certificate on certification, or on refusal in issue of the certificate on certification which is drawn up by the protocol and is signed by all members of the commission.

In case of decision about refusal in issue of the certificate on certification, the executive in charge of working body notifies the applicant (uslugopoluchatel) on the provisional solution about refusal in issue of the certificate on certification, and also time and the place (method) of carrying out hearing for opportunity to express to the applicant (uslugopoluchatel) line item according to the provisional solution.

The notification on hearing goes 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 hearing the commission makes the decision on issue of the certificate on certification or motivated refusal in issue of the certificate on certification.

12. Based on the decision of the commission, during the term specified in Item 11 of these rules the certificate on certification for form according to appendix 1 to these rules, or motivated refusal in rendering the state service goes to "personal account" of the applicant (uslugopoluchatel) in electronic form signed by the EDS of the authorized person of local executive body (service provider).";

state Items 18 and 19 in the following edition:

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