Order of the Minister of Energy of the Republic of Kazakhstan "About introduction of amendments to some orders of the Minister of Energy of the Republic of Kazakhstan"

ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of January 9, 2023 No. 4

About introduction of amendments to some orders of the Minister of Energy of the Republic of Kazakhstan

I ORDER:

1. Approve the enclosed list of some orders of the Minister of Energy of the Republic of Kazakhstan to which changes are made.

2. To provide to committee of atomic and energy supervision and control 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 after sixty calendar days after day of its first official publication.

Minister of Energy of the Republic of Kazakhstan

B. Akchulakov

It is approved

Ministry of the industry and infrastructure development 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

It is approved

Ministry of Internal Affairs of the Republic of Kazakhstan

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of January 9, 2023, No. 4

The list of some orders of the Minister of Energy of the Republic of Kazakhstan to which changes are made

1. In the order of the Minister of Energy of the Republic of Kazakhstan of March 18, 2015 No. 210 "About approval of Rules of holding qualification examinations of rules of technical operation and safety regulations at heads, specialists of the organizations performing production, transfer of electrical and heat energy for control of technical condition and safety of operation of electroinstallations" (it is registered in the Register of state registration of regulatory legal acts for No. 11026):

in Rules of holding qualification examinations of rules of technical operation and safety regulations at heads, specialists of the organizations performing production, transfer of electrical and heat energy for control of technical condition and safety of operation of the electroinstallations approved by the specified order:

be reworded as follows Item 21:

"21. For passing of qualification examination the physical person (further – uslugopoluchatel) for receipt of the state service sends to the service provider the documents necessary for rendering the state service specified in Item 8 of the list of the main requirements to rendering the state service "Qualification Examination of Rules of Technical Operation and Safety Regulations at Heads, Specialists of the Organizations Performing Production, Transfer of Electrical and Heat Energy for Control of Technical Condition and Safety of Operation of Electroinstallations" (further – the list of the main requirements to rendering the state service) given in appendix 4 to these rules through the web portal of "the electronic government" www.egov.kz, www.elicense.kz (further – the portal) no later than 30 (thirty) calendar days before expiry date of qualification examination.

Data of identity documents, the service provider receives from the corresponding state information systems through lock of "the electronic government".

The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering and also other data taking into account features of provision of the state service is provided in the list of the main requirements to rendering the state service.

On the portal acceptance of electronic request is performed in "personal account" of uslugopoluchatel. Documents are presented in the form of electronic copies of the documents certified by the EDS of uslugopoluchatel.

When giving by uslugopoluchatel of the documents specified in Item 8 of the list of the main requirements to rendering the state service, confirmation of adoption of the statement through the portal is the status about acceptance of request which is displayed in "personal account" of uslugopoluchatel".;

be reworded as follows Item 22-1:

"22-1. Within 2 (two) working days from the moment of document registration in office of the service provider the executive in charge checks completeness of the submitted documents.

In case of representation uslugopoluchately incomplete document package the service provider in the specified terms directs to "personal account" of uslugopoluchatel motivated refusal in further review of the statement in form, according to appendix 5 to these rules.

In case of representation uslugopoluchately complete document package and lack of documents with the expired effective period the service provider within 2 (two) working days the notification in form, according to appendix 6 to these rules about date, time and the place of passing of testing, or motivated refusal in rendering the state service in the form provided by part two of this Item on the bases specified in Item 9 of the list of the main requirements to rendering the state service goes to "personal account" of uslugopoluchatel.";

be reworded as follows Item 25:

"25. The service provider provides entering of data on stage of rendering the state service into information system of monitoring of rendering the state services.

When rendering the state service by means of the state information system of permissions and notifications data on stage of rendering the state service arrive in the automatic mode in information system of monitoring of rendering the state services.

The service provider within 3 (three) working days from the moment of enforcement of changes and (or) amendments in these rules information goes to Single contact center and www.gov.kz in the Section "Department of Energy" is placed on single platform of Internet resources of state bodies of the Republic of Kazakhstan.";

exclude appendix 3;

be reworded as follows appendix 4 according to appendix 1 to this List of some orders of the Minister of Energy of the Republic of Kazakhstan to which changes are made (further – the List).

2. In the order of the Minister of Energy of the Republic of Kazakhstan of January 20, 2016 No. 12 "About approval of Rules of certification of the personnel occupied on subjects to use of atomic energy" (it is registered in the Register of state registration of regulatory legal acts for No. 13468):

in Rules of certification of the personnel occupied on the subjects to use of atomic energy approved by the specified order:

be reworded as follows Items 11 and 12:

"11. For certification passing the certified person (further – uslugopoluchatel) sends to the service provider the documents necessary for rendering the state service "Certification of the Personnel Occupied on Subjects to Use of Atomic Energy" (further – the state service) specified in Item 8 of the list of the main requirements to rendering the state service "Certification of the Personnel Occupied on Subjects to Use of Atomic Energy" (further – the list of the main requirements to rendering the state service) given in appendix 3 to these rules through the web portal of "the electronic government" www.egov.kz (further – the portal).

12. The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering and also other data taking into account features of provision of the state service is provided in the list of the main requirements to rendering the state service.";

be reworded as follows Item 18:

"18. The service provider provides entering of data on stage of rendering the state service into information system of monitoring of rendering the state services.

When rendering the state service by means of the state information system of permissions and notifications data on stage of rendering the state service arrive in the automatic mode in information system of monitoring of rendering the state services.

The service provider within 3 (three) working days from the moment of enforcement of changes and (or) amendments in these rules information goes to Single contact center and www.gov.kz in the Section "Department of Energy" is placed on single platform of Internet resources of state bodies of the Republic of Kazakhstan.";

exclude appendix 2;

be reworded as follows appendix 3 according to appendix 2 to this List.

3. In the order of the Minister of Energy of the Republic of Kazakhstan of February 9, 2016 No. 45 "About approval of Rules of accreditation of the organizations performing examination of nuclear safety and (or) radiation safety, and (or) nuclear physical safety" (it is registered in the Register of state registration of regulatory legal acts for No. 13538):

in Rules of accreditation of the organizations performing examination of nuclear safety and (or) radiation safety, and (or) nuclear physical safety, approved by the specified order:

4, 5 and 6 to be reworded as follows Items:

"4. According to Item 3 of article 26 of the Law, the organization performing examination of nuclear safety and (or) radiation safety, and (or) nuclear physical safety has:

1) at least five years of practical experience of work in the field of the accreditation or activities which are directly connected with area of accreditation;

2) the qualified personnel capable to provide performance of works in the respective area of accreditation;

3) program technical means and (or) techniques of calculations for accomplishment of the declared work types.

Software of electronic computers which allow to enter basic data and formulas for receipt of the results required for reasons for nuclear safety and (or) radiation safety, and (or) nuclear physical safety belong to program technical means.

5. For receipt of the State service the legal entity (further – Uslugopoluchatel) submits the documents necessary for rendering the State service specified in Item 8 of the list of the main requirements to rendering the state service "Accreditation of the Organizations Performing Examination of Nuclear Safety and (or) Radiation Safety, and (or) Nuclear Physical Safety" (further – the List of the main requirements to rendering the state service) given in appendix 2 to these rules by means of the web portal of "the electronic government" www.egov.kz (further – the Portal).

Receives data on state registration (re-registration) of the legal entity Uslugodatel from the corresponding state information systems through lock of "the electronic government".

In case of submission of all necessary documents by Uslugopoluchatel by means of the Portal – through Uslugopoluchatel "personal account", the status about acceptance of request for rendering the State service with indication of the date of receipt of result of rendering the State service is displayed.

The list of the main requirements to rendering the State service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the State service are provided in the List of the main requirements to rendering the state service.

6. The employee of office of the Service provider in day of receipt of documents performs their acceptance, registration and submits to it to management of nuclear and radiation safety of the Service provider.

The executive in charge of management of nuclear and radiation safety of the Service provider during 2 (two) working days from the moment of registration of a statement Uslugopoluchatel, checks completeness and effective periods of the submitted documents.

In case of representation by Uslugopoluchatel of incomplete document package and (or) data necessary for rendering the State service according to these rules, the executive in charge Uslugodatelya within 2 (two) working days from the moment of registration of a statement of Uslugopoluchatel directs to Uslugopoluchatel "personal account" motivated refusal in further review of the statement, in form to appendix 3 to these rules.

In case of representation by Uslugopoluchatel of complete document package and lack of documents with the expired effective period the executive in charge of management of nuclear and radiation safety of the Service provider during the term specified in part two of this Item sends document package to management of nuclear physical safety and technical cooperation of the Service provider for their consideration on compliance to requirements of these rules.

Within 15 (fifteen) working days the employee of management of nuclear physical safety and technical cooperation, and the executive in charge of nuclear and radiation safety of the Service provider in turn prepare the conclusions about compliance or Uslugopoluchatel's discrepancy to requirements of these rules then brings on approval to heads of the specified managements of the Service provider.

The executive in charge of management of nuclear and radiation safety of the Service provider based on the provided conclusions within 3 (three) working days:

in the presence in all provided conclusions of conclusion about compliance of the submitted documents draws up the certificate on accreditation of the organization performing examination of nuclear safety and (or) radiation safety, and (or) nuclear physical safety in form according to appendix 4 to these rules;

prepares and directs to Uslugopoluchatel motivated refusal in rendering the State service in form, according to appendix 3 to these rules on the bases specified in Item 9 of the List of the main requirements to rendering the state service.

The motivated refusal in rendering the State service signed by the digital signature of the head Uslugodatel goes by means of the Portal to Uslugopoluchatel "personal account" in form, according to appendix 3 to these rules.

According to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan the Service provider gives opportunity to Uslugopoluchatel to express the line item (hearing) to the provisional solution about refusal. in issue of the certificate on accreditation of the organization performing examination of nuclear safety and (or) radiation safety, and (or) nuclear physical safety on which Uslugopoluchatel is notified not later than 3 (three) working days before decision making.

The procedure of hearing is carried out according to the Administrative procedural Procedure Code of the Republic of Kazakhstan.

Following the results of consideration of document package, the conclusion and result of hearing the Service provider accepts one of the following decisions:

1) to grant the certificate on accreditation of the organization performing examination of nuclear safety and (or) radiation safety, and (or) nuclear physical safety;

2) to refuse issue of the certificate on accreditation of the organization performing examination of nuclear safety and (or) radiation safety, and (or) nuclear physical safety.";

exclude Item 7;

be reworded as follows Item 8:

"8. The service provider provides entering of data on stage of rendering the State service into information system of monitoring of rendering the state services.

When rendering the State service by means of the state information system of permissions and notifications data on stage of rendering the State service arrive in the automatic mode in information system of monitoring of rendering the state services.

The service provider within 3 (three) working days from the moment of enforcement of changes and (or) amendments in these rules information goes to Single contact center and www.gov.kz in the Section "Department of Energy" is placed on single platform of Internet resources of state bodies of the Republic of Kazakhstan.";

exclude appendix 1;

be reworded as follows appendix 2 according to appendix 3 to this List;

exclude appendix 2-1.

4. In the order of the Minister of Energy of the Republic of Kazakhstan of February 9, 2016 No. 51 "About approval of Rules of approval of designs of transport packaging sets" (it is registered in the Register of state registration of regulatory legal acts for No. 13549):

in Rules of approval of designs of the transport packaging sets approved by the specified order:

be reworded as follows Item 1:

"1. These rules of approval of designs of transport packaging sets (further – Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law on the state services), the subitem 4) of Item 1 of article 12 of the Law of the Republic of Kazakhstan "About permissions and notifications", the subitem 27) of article 6 of the Law of the Republic of Kazakhstan "About use of atomic energy" and determine approval procedure of designs of transport packaging sets.";

3, 4 and 5 to be reworded as follows Items:

"3. For receipt of the State service the physical person or legal entity (further – Uslugopoluchatel) addresses to the Service provider by means of the web portal of "the electronic government" www.egov.kz (further – the Portal) and submits the documents necessary for rendering the State service specified in Item 8 of the list of the main requirements to rendering the state service "Approval of Designs of Transport Packaging Sets, and also Distribution of Action of Certificates Permissions on Them Approved by Authorized Bodies of Other Countries in the territory of the Republic of Kazakhstan" (further – the List of the main requirements to rendering the state service) given in appendix 3 to these rules.

In case of submission of all necessary documents by Uslugopoluchatel by means of the Portal – through "personal account" of Uslugopoluchatel the status about acceptance of request for rendering the State service with indication of the date of receipt of result of rendering the State service is displayed.

4. The list of the main requirements to rendering the State service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the State service are provided in the List of the main requirements to rendering the state service.

5. The service provider in day of receipt of documents performs their acceptance, registration and gives him to execution to responsible structural division of the Service provider.

In case of representation by Uslugopoluchatel of incomplete document package and (or) data necessary for rendering the State service according to these rules, the executive in charge Uslugodatelya within 2 (two) working days from the moment of registration of a statement of Uslugopoluchatel directs to Uslugopoluchatel "personal account" motivated refusal in further review of the statement, in form to appendix 4 to these rules.

In case of representation by Uslugopoluchatel of complete document package and lack of documents with the expired effective period the employee of responsible structural division of the Service provider within 15 (fifteen) working days considers the submitted documents on compliance to the requirements established by these rules.

In case of compliance of the submitted documents to the requirements established by these rules, the employee of responsible structural division of the Service provider within 3 (three) working days prepares the decision on approval of design of transport packaging set according to appendix 5 to these rules or about distribution of action of certificates permissions, according to appendix 6 to these rules or directs to Uslugopoluchatel motivated refusal in rendering the State service in form, according to appendix 4 to these rules and on the bases specified in Item 9 of the List of the main requirements to rendering the state service.

According to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan the Service provider gives opportunity to Uslugopoluchatel to express the line item (hearing) to the provisional solution about refusal of approval of design of transport packaging set or about distribution of action of certificates permissions on which Uslugopoluchatel is notified not later than 3 (three) working days before decision making.

The procedure of hearing is carried out according to the Administrative procedural Procedure Code of the Republic of Kazakhstan.

Following the results of consideration of document package, the conclusion and result of hearing the Service provider accepts one of the following decisions:

1) about approval of design of transport packaging set or about distribution of action of certificates permissions;

2) about refusal of approval of design of transport packaging set or about distribution of action of certificates permissions.";

exclude Item 7;

be reworded as follows Item 8:

"8. The service provider provides entering of data on stage of rendering the State service into information system of monitoring of rendering the state services.

When rendering the State service by means of the state information system of permissions and notifications data on stage of rendering the State service arrive in the automatic mode in information system of monitoring of rendering the state services.

The service provider within 3 (three) working days from the moment of enforcement of changes and (or) amendments in these rules information goes to Single contact center and www.gov.kz in the Section "Department of Energy" is placed on single platform of Internet resources of state bodies of the Republic of Kazakhstan.";

exclude appendices 1 and 2;

be reworded as follows appendix 3 according to appendix 4 to this List;

exclude appendix 3-1;

be reworded as follows appendix 6 according to appendix 5 to this List.

5. In the order of the Minister of Energy of the Republic of Kazakhstan of April 1, 2020 No. 123 "About approval of rules of rendering the state services of use of atomic energy" (it is registered in the Register of state registration of regulatory legal acts for No. 20323):

2) of Item 1 to be reworded as follows the subitem:

"2) rules of rendering the state service of the Department of Energy of the Republic of Kazakhstan "Licensing for implementation of activities for the treatment of nuclear materials" according to appendix 2 to this order;".

in the Rules of rendering the state service "Licensing for Performance of Works, the Subjects to Use of Atomic Energy Connected with Stages of Lifecycle" approved by the specified order:

and 5 to be reworded as follows items 4:

"4. For receipt of the state service the legal entity (further – uslugopoluchatel) sends to the service provider the documents necessary for rendering the state service specified in Item 8 of the list of the main requirements to rendering the state service "Licensing for Performance of Works, the Subjects to Use of Atomic Energy Connected with Stages of Lifecycle" (further – the list of the main requirements to rendering the state service) given in appendix 5 to these rules by means of the portal.

5. The list of the main requirements to rendering the state service is provided in the list of the main requirements to rendering the state service.";

exclude Item 10;

be reworded as follows Items 12 and 13:

"12. In case of renewal of the license and (or) appendix to the license the employee of management of licensing within 3 (three) working days from the moment of document registration specified in the subitem 2) of item 4 of these rules checks completeness of the submitted documents, data and (or) proper execution of the submitted documents.

In case of representation uslugopoluchately incomplete document package, data and (or) inadequate execution of the submitted documents the employee of management of licensing prepares motivated refusal in rendering the state service in form, according to appendix 6 to these rules, on the bases specified in Item 9 of the list of the main requirements to rendering the state service.

The motivated refusal in rendering the state service goes by means of the portal to "personal account" of the uslugopoluchatel in electronic form signed by the EDS of the head of the service provider.

In case of representation uslugopoluchately complete document package, data and (or) proper execution of the submitted documents the employee of management of licensing prepares the license and (or) appendix to the license.

The license and (or) appendix to the license goes by means of the portal to "personal account" of the uslugopoluchatel in electronic form signed by the EDS of the head of the service provider.

Rendering the state service in case of renewal of the license and (or) appendix to the license is performed in time, specified in Item 3 of the list of the main requirements to rendering the state service.

13. Renewal of the license and (or) appendix to the license by reorganization of legal person licensee in forms of allocation and separation is performed according to Items 7 – 9 these rules.

Rendering the state service in case of renewal of the license and (or) appendix to the license by reorganization of legal person licensee in forms of allocation and separation is performed in time, specified in Item 3 of the list of the main requirements to rendering the state service.";

be reworded as follows Item 18:

"18. The service provider provides entering of data on stage of rendering the state service into information system of monitoring of rendering the state services.

When rendering the state service by means of the state information system of permissions and notifications data on stage of rendering the state service arrive in the automatic mode in information system of monitoring of rendering the state services.

The service provider within 3 (three) working days from the moment of enforcement of changes and (or) amendments in these rules information goes to single contact center and www.gov.kz in the Section "Department of Energy" is placed on single platform of Internet resources of state bodies of the Republic of Kazakhstan.";

1, of 2, 3 and 4 to exclude appendices;

be reworded as follows appendix 5 according to appendix 6 to this List;

in the Rules of rendering the state service "Licensing for Implementation of Activities for the Treatment of Nuclear Materials" approved by the specified order:

be reworded as follows Item 1:

"1. These rules of rendering the state service "Licensing for Implementation of Activities for the Treatment of Nuclear Materials" (further – Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law) and the subitem 4) of Item 1 of article 12 of the Law of the Republic of Kazakhstan "About permissions and notifications" and determine procedure for rendering the state service "Licensing for Implementation of Activities for the Treatment of Nuclear Materials" (further – the state service).";

and 5 to be reworded as follows items 4:

"4. For receipt of the state service the legal entity (further – uslugopoluchatel) sends to the service provider the documents necessary for rendering the state service specified in Item 8 of the list of the main requirements to rendering the state service "Licensing for Implementation of Activities for the Treatment of Nuclear Materials" (further – the list of the main requirements to rendering the state service) given in appendix 5 to these rules by means of the portal.

5. The list of the main requirements to rendering the state service is provided in the list of the main requirements to rendering the state service.";

be reworded as follows Item 7:

"7. The employee of management of licensing within 2 (two) working days from the moment of document registration specified in subitems 1) and 3) of item 4 of these rules checks completeness and effective period of the submitted documents and (or) data.

In case of representation uslugopoluchately incomplete document package and (or) data and (or) the expiration of their action the employee of management of licensing during the term specified in part one of this Item prepares motivated refusal in further review of the statement in form, according to appendix 6 to these rules.

The motivated refusal in further review of the statement goes by means of the portal to "personal account" of the uslugopoluchatel in electronic form signed by the EDS of the head of the service provider.

In case of representation uslugopoluchately complete document package and (or) data and lack of documents with the expired effective period the employee of management of licensing during the term specified in part one of this Item sends document package and (or) data with appendix of the conclusion about primary check to management of control of materials and the international guarantees, management of nuclear and radiation safety and (or) management of nuclear physical safety and technical cooperation for establishment of special conditions of licensing and for carrying out allowing control according to the procedure of visit of subject (object) of control and (or) challenge of the subject of control.";