ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of December 2, 2022 No. 397

About introduction of amendments to the order of the acting minister of power industry of the Republic of Kazakhstan of July 14, 2020 No. 253 "About approval of Criteria by determination of the operator of electronic auctions on provision of the right of subsurface use on hydrocarbons"

I ORDER:

1. Bring in the order of the acting minister of power industry of the Republic of Kazakhstan of July 14, 2020 No. 253 "About approval of Criteria by determination of the operator of electronic auctions on provision of the right of subsurface use on hydrocarbons" (it is registered in the Register of state registration of regulatory legal acts for No. 20973) the following changes:

be reworded as follows preamble:

"According to Item 5 of article 99 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" I ORDER:";

The criteria by determination of the operator of electronic auctions on provision of the right of subsurface use on hydrocarbons approved by the specified order to be reworded as follows according to appendix to this order.

2. To provide to department of subsurface use of the Department of Energy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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 Department of Energy of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

4. This order becomes effective since January 1, 2023 and is subject to official publication.

It is approved Ministry of Finance of the Republic of Kazakhstan

It is approved Ministry of national economy of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Appendix

to the Order of the Minister of Energy of the Republic of Kazakhstan of December 2, 2022 No. 397

Approved by the Order of the acting minister of power industry of the Republic of Kazakhstan of July 14, 2020 No. 253

Criteria by determination of the operator of electronic auctions on provision of the right of subsurface use on hydrocarbons

1. These Criteria by determination of the operator of electronic auctions on provision of the right of subsurface use on hydrocarbons (further – Criteria) are developed according to Item 5 of article 99 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use".

2. The operator of electronic auctions on provision of the right of subsurface use on hydrocarbons (further – the Operator) corresponds to the following Criteria:

1) the legal entity – the single owner of shares (shares in the authorized capital) which is the state;

2) lack of stay on liquidation stages, and (or) bankruptcies and (or) reorganization, and (or) privatizations;

3) experience of work at least 3 (three) years in the organization of carrying out the electronic biddings, electronic auctions;

4) availability of own object of informatization providing automation of processes of the organization and running an electronic auction, and also the collection, storage, processing and information security (further – object of informatization) conforming to the Requirements to object of informatization specified in appendix to these Criteria.

Appendix

to Criteria by determination of the operator of electronic auctions on provision of the right of subsurface use on hydrocarbons

Requirements to object of informatization

Object of informatization conforms to the following requirements:

The web and portal decision has 1);

2) uses free database management system with open source code;

The act of acceptance in commercial operation according to the legislation on informatization has 3);

The act with positive result of conformity testings to requirements of information security according to the legislation on informatization has 4);

5) has examination of engineering documentation according to the legislation on informatization;

Has 6) integration with the state systems and databases, in particular:

the state body performing management and cross-industry coordination in the field of permissions and notifications – concerning the legal entities having the licenses and (or) allowing documents required by competent authority;

the state body performing state registration of legal entities and accounting registration of the branches and representations registered in the register – concerning registration data on the legal entity (branch, representation) this about affiliates of the legal entity on recognition of the legal entity by the idle legal entity or participation of his participants in the idle legal entities;

the state body performing tax administration – concerning the participants of auctions this on tax debt;

the state body performing forming of identification numbers and maintaining national registers of identification numbers – concerning physical persons;

National certification center of the Republic of Kazakhstan – concerning use by users of object of informatization of the digital signature when making transactions in object of informatization;

7) 24 (twenty four) hours a day / 7 (seven) days a week except for of technical breaks function;

8) in order to avoid total or partial loss of information and violation of integrity of databases, the software of object of informatization is under construction so that processing of mistakes of the user, the mistakes arising in case of technical failures and database errors with issue of messages to the user in which the subsequent actions are described was provided;

9) availability of the module of control of work of object of informatization, including:

identification (identification), authentication (authenticity confirmation) and authorization (assignment of powers) of the user;

access control to resources of object of informatization;

registration and the analysis of the events which are taking place in object of informatization;

control of integrity of resources of object of informatization;

10) object of informatization provides observance of the equal right and access for each participant of auction to the salesroom. The number of participants of auction is not limited to performance or hardware-software characteristics of object of informatization;

11) the software of object of informatization does not allow to make changes to the output data created by results of auction;

12) object of informatization provides maintaining the assigned number of the carried-out transaction unique automatically in register of events on trading sessions (further – the log);

13) object of informatization provides logging of events, next events and data:

opening of auction;

closing of auction;

identification of the participant of auction;

time of login of the participant of auction;

time of leaving the system of the participant of auction;

time of application by the participant of auction;

time of removal of the request by the participant of auction;

time of change of the request by the participant of auction;

time of transaction by the participant of auction;

name of the subsoil plot;

size of subscription bonus.

Fixing time format – year, month, day, hour, minute, second (with accuracy at least to 0,1 of second);

14) object of informatization provides strict compliance of the report on the held auctions to contents of the log;

15) data-processing centers of object of informatization communication and the reserve power supply ensuring smooth operation of object of informatization is provided with alternative channels;

16) object of informatization provides the multi-level data protection including data protection from unauthorized access – use of procedures of authentication and identification of the user in case of login, including with use of the electronic and digital signature, availability of procedures of enciphering of information, the multi-level access to data providing availability of several types of users according to their powers;

17) object of informatization provides application of equipment rooms and software of information security;

18) is provided by provision of information (in text, graphical, audiovisual type) in the state and Russian languages;

19) the Operator provides observance of other requirements determined by the Single requirements in the field of information and communication technologies and ensuring information security approved by the order of the Government of the Republic of Kazakhstan of December 20, 2016 No. 832.

 

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