ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of January 24, 2023 No. 24

About modification and amendments in some orders of the Minister of Agriculture of the Republic of Kazakhstan

I ORDER:

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

2. To provide to committee of veterinary control and supervision of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation:

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 Ministry of Agriculture of the Republic of Kazakhstan after its official publication;

3) the direction of this order in local executive bodies of areas, cities of Astana, Almaty and Shymkent, territorial inspections of areas, cities of Astana, Almaty and Shymkent of Committee of veterinary control and supervision of the Ministry of Agriculture of the Republic of Kazakhstan and the state veterinary organizations created by local executive bodies of areas, cities of Astana, Almaty and Shymkent after its official publication.

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

4. This order becomes effective after sixty calendar days after day of its first official publication.

It is approved Ministry of Finance of the Republic of Kazakhstan

It is approved Ministry of Trade and integration 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

 

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of January 24, 2023, No. 24

The list of some orders of the Minister of Agriculture of the Republic of Kazakhstan to which changes and additions are made

1. In the order of the Minister of Agriculture of the Republic of Kazakhstan of December 9, 2014 No. 16-04/647 "About approval of Rules of issue of the import permit, import and transit of the moved (transported) objects taking into account assessment of epizootic situation in the corresponding territory" (it is registered in the Register of state registration of regulatory legal acts No. 10254):

in Rules of issue of the import permit, import and transit of the moved (transported) objects taking into account assessment of epizootic situation in the corresponding territory approved by the specified order:

state Item 5 in the following edition:

"5. The list of the main requirements to rendering the state service "Issue of the Import Permit, Import and Transit of the Moved (Transported) Objects taking into account Assessment of Epizootic Situation in the Corresponding Territory" is specified in appendix 2 to these rules (further – the List).";

state Item 7 in the following edition:

"7. The term of issue of the import permit, import of the moved (transported) objects taking into account assessment of epizootic situation in the corresponding territory, or motivated refusal in rendering the state service constitutes 2 (two) working days, the permission requiring transit approval of services of other states on transit transportation of the moved (transported) object – 30 (thirty) working days.

In case of the address of uslugopoluchatel after 17:00 hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of an application is performed the next working afternoon.";

10, 11 and 12 to state Items in the following edition:

"10. The ranking officer of department within 1 (one) working day considers data (data) from the statement of uslugopoluchatel in information system, and checks them for compliance to requirements to Item 13 of these rules.

In case of transit approval of services of other states on transit transportation of the moved (transported) object, the ranking officer of department within 1 (one) working day prepares and sends the letter to services of other states on transit transportation of the moved (transported) object.

11. The ranking officer of department during the term specified in Item 10 of these rules prepares and sends to the service provider the draft of the import permit, export of the moved (transported) object taking into account assessment of epizootic situation in the corresponding territory, or the project of motivated refusal in rendering the state service.

12. The service provider accepts one of the following decisions:

1) is issued by the import permit, import of the moved (transported) object taking into account assessment of epizootic situation in the corresponding territory in case of compliance to Item 13 of these rules;

2) is directed by motivated refusal in rendering the state service in form according to appendix 4 to these rules in cases and on the bases specified in Item 9 of the List.

The import permit, import of the moved (transported) objects taking into account assessment of epizootic situation in the corresponding territory or 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 service provider.";

add with Item 12-1 of the following content:

"12-1. The procedure of hearing for the permissions requiring transit approval of services of other states on transit transportation of the moved (transported) object is held according to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further – APPK RK).";

state Item 14 in the following edition:

"14. The service provider refuses rendering the state service in the bases specified in Item 9 of the List.";

state Item 21 in the following edition:

"21. The employee of office of department performs acceptance and registration of the letter with indication of date of acceptance and time of acceptance of the letter in day of its receipt, and sends to the head of department which appoints the executive in charge of department.

In case of the appeal of authorized body in the field of veterinary science of the importing country or the exporting country after 17:00 hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, acceptance of the letter is performed the next working afternoon.";

state Item 24 in the following edition:

"24. The executive in charge of department within 1 (one) working day checks completeness and reliability of the provided data specified in Item 22 of these rules, and also compliance of the moved (transported) object to Item 23 of these rules.

In case of factual determination of completeness and reliability of the data specified in the letter and compliance to Item 23 of these rules, the executive in charge of department within 1 (one) working day draws up permission to transit of the moved (transported) objects taking into account assessment of epizootic situation in the corresponding territory in form according to appendix 1 to these rules, or motivated refusal in rendering the state service in form according to appendix 4 to these rules on the bases provided in Item 9 of the List signed by the service provider.";

state Item 26 in the following edition:

"26. The term of consideration of the letter and issue of permission or motivated refusal in rendering the state service constitutes 2 (two) working days.";

state Item 28 in the following edition:

"28. The service provider refuses issue of permission to transit of the moved (transported) object taking into account assessment of epizootic situation in the corresponding territory on the bases specified in Item 9 of the List.";

state Item 30 in the following edition:

"30. The claim to the decision, action (failure to act) of the service provider concerning rendering the state services moves addressed to the head of authorized body in the field of veterinary science, in authorized body by assessment and control of quality of rendering the state services.

In case of receipt of the claim according to item 4 of article 91 APPK RK, the service provider sends it to the body considering the claim (higher administrative authority and (or) the official) no later than 3 (three) working days from the date of receipt. The claim the service provider does not go to the body considering the claim (higher administrative authority and (or) the official) in case of acceptance within 3 (three) working days of the favorable act, making of administrative action, completely meeting requirements specified in the claim.";

state Item 33 in the following edition:

"33. If other is not provided by the law, appeal to the court is allowed after appeal in pre-judicial procedure according to Item 5 of article 91 APPK RK.";

appendix 2 to the specified Rules to be reworded as follows according to appendix 1 to this List.

2. In the order of the Minister of Agriculture of the Republic of Kazakhstan of January 23, 2015 No. 7-1/31 "About approval of Rules of carrying out state registration of veterinary medicines, feed additives" (it is registered in the Register of state registration of regulatory legal acts No. 10505):

in Rules of carrying out state registration of veterinary medicines, the feed additives approved by the specified order:

state Item 3 in the following edition:

"3. The state service appears Committee of veterinary control and supervision of the Ministry of Agriculture of the Republic of Kazakhstan (further – the service provider) according to these rules.

The list of the main requirements to rendering the state service "State Registration of Veterinary Medicines, Feed Additives" is specified in appendix 2 to these rules (further – the List).";

state Item 5 in the following edition:

"5. The employee of office in day of receipt performs acceptance and registration of a statement and the documents specified in Item 8 of the List and sends to their head the service provider who appoints the executive in charge.

In case of representation by uslugopoluchatel of incomplete document package, stipulated in Item 8 Lists, and (or) documents with the expired effective period, the employee of office refuses reception of an application.

In case of the address the uslugopoluchately ambassador of the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, documents acceptance and issue of result of rendering the state service are performed the next working afternoon.";

state Item 7 in the following edition:

"7. The executive in charge within 5 (five) working days from the moment of registration of a statement enters data (data) from the statement into information system "Single automated control system for industries of agro-industrial complex "e-Agriculture" (further – information system), checks reliability of the documents submitted by uslugopoluchatel for the receipt of the state service and (or) these (data) containing in them.

In the absence of the bases for refusal in rendering the state service, the executive in charge makes the decision on state registration of veterinary medicines, feed additives with issue of the registration certificate in form according to appendix 1 to these rules and assignment of number of state registration.

Data on the veterinary medicines and feed additives which underwent state registration in the Republic of Kazakhstan join in the state register of veterinary medicines of the Republic of Kazakhstan in form according to appendix 5 to these rules and in the state register of feed additives of the Republic of Kazakhstan in form according to appendix 6 to these rules;

The registration certificate is drawn up in information system and goes by means of the portal in personal account in electronic form signed by the digital signature of the head of the service provider or is unpacked, signed by the head of the service provider, certified by seal and issued purposely through office.";

add with Item 7-1 of the following content:

"7-1. In the presence of the bases for refusal in rendering the state service, the service provider notifies uslugopoluchatel on the provisional solution about refusal in rendering the state service, and also time and the place (method) of carrying out hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution.

The procedure of hearing is carried out according to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further – APPK RK).

By results of hearing the service provider makes the decision on state registration of veterinary medicines, feed additives with issue of the registration certificate, or on refusal in state registration of veterinary medicines, feed additives with issue of motivated refusal in rendering the state service in form according to appendix 7 to these rules.

The motivated refusal in rendering the state service is drawn up in information system and goes by means of the portal in personal account in electronic form signed by the digital signature of the head of the service provider or is unpacked, signed by the head of the service provider, certified by seal and issued purposely through office.";

state Item 8 in the following edition:

"8. The service provider refuses rendering the state service in the bases specified in Item 9 of the List.";

state Items 14 and 15 in the following edition:

"14. In case of change of surname, name, middle name (in case of its availability) physical person, re-registration of the individual entrepreneur and (or) change of its name, change of the name of the legal entity and (or) reorganization of the legal entity in forms of merge, transformation, joining of the legal entity to other legal entity, allocations and separations, the uslugopoluchatel within 1 (one) month from the moment of emergence of changes performs renewal of the registration certificate of veterinary medicines, feed additives. Uslugopoluchatel in office or on the portal directs the application on renewal of the registration certificate of veterinary medicines, feed additives in form according to appendix 8 to these rules to the specified time and the documents specified in Item 8 of the List.

15. The executive in charge within 5 (five) working days from the moment of document registration checks completeness of the documents and (or) data containing in them for renewal of the registration certificate of veterinary medicines, feed additives.

In the absence of the bases for refusal in rendering the state service, the executive in charge renews the registration certificate in form according to appendix 1 to these rules and enters data in Registers, and also places information on Internet resource of authorized body in the field of veterinary science.

At the same time, effective period of state registration of veterinary medicine, feed additive and number of the registration certificate remain.

If by consideration of documents of uslugopoluchatel for renewal of the registration certificate there are bases for refusal in rendering the state service, the service provider performs actions according to Item 7-1 of these rules.";

state Item 18 in the following edition:

"18. The claim to the decision, action (failure to act) of the service provider concerning rendering the state services moves addressed to the head of the service provider, authorized body in the field of veterinary science, in authorized body by assessment and control of quality of rendering the state services.

In case of receipt of the claim according to item 4 of article 91 APPK RK, the service provider sends it to the body considering the claim (higher administrative authority and (or) the official) no later than 3 (three) working days from the date of receipt. The claim the service provider does not go to the body considering the claim (higher administrative authority and (or) the official) in case of acceptance within 3 (three) working days of the favorable act, making of administrative action, completely meeting requirements specified in the claim.";

state Item 21 in the following edition:

"21. If other is not provided by the law, appeal to the court is allowed after appeal in pre-judicial procedure according to Item 5 of article 91 APPK RK.";

appendix 2 to the specified Rules to be reworded as follows according to appendix 2 to this List.

3. In the order of the Minister of Agriculture of the Republic of Kazakhstan of January 23, 2015 No. 7-1/37 "About approval of Rules of assignment of accounting numbers to the objects of production performing cultivation of animals, procurement (slaughter), storage, conversion and realization of animals, products and raw materials of animal origin and also the organizations for production, storage and realization of veterinary medicines, forages and feed additives" (it is registered in the Register of state registration of regulatory legal acts No. 10466):

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