ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of June 14, 2023 No. 228

About modification and amendments in the order of the Minister of Energy of the Republic of Kazakhstan of May 29, 2020 No. 214 "About approval of rules of rendering the state services of the Department of Energy of the Republic of Kazakhstan in the field of subsurface use"

I ORDER:

1. Bring in the order of the Minister of Energy of the Republic of Kazakhstan of May 29, 2020 No. 214 "About approval of rules of rendering the state services of the Department of Energy of the Republic of Kazakhstan in the field of subsurface use" (it is registered in the Register of state registration of regulatory legal acts for No. 20776) the following changes and amendments:

in Rules of rendering the state service of the Department of Energy of the Republic of Kazakhstan "Transition of the right of subsurface use and (or) the objects connected with the subsurface use right", approved by the specified order:

add with Item 2-1. following content:

"2-1. The service provider provides the direction of information on the made changes and (or) additions in these rules in Single contact center within three working days from the date of their enforcement.";

and 5 to state items 4 in the following edition:

"4. The main requirements to rendering the state service through the web portal of "the electronic government" including the characteristic of process, form, content and result of rendering, the basis for refusal in rendering the state service and also other data taking into account features of rendering the state service are stated in the List of the main requirements to rendering the state service "Transition of the Right of Subsurface Use and (or) the Objects Connected with the Subsurface Use Right" (further – the List) according to appendix 1 to these rules.

For receipt of the state service and (or) the objects connected with the subsurface use right uslugopoluchatel directs to the service provider through the web portal of "the electronic government", the statement according to appendix 2 to these rules with appendix of the necessary documents specified in Item 8 of the List to transition of the right of subsurface use (share in the subsurface use right).

The statement on issue of permission to share issue and other securities which are the objects connected with the subsurface use right in the address in the organized market of securities is filled in according to appendix 3 to these rules with appendix of the necessary documents specified in Item 8 of the List.

The statement for issue of permission to share issue or other securities which are the objects connected with the subsurface use right in the address in the organized market of securities in case of placement them within additional issue (release) moves the issuer according to appendix 3 to these rules.

In cases when release into the stream of commerce in the organized market of securities is made by the holder of these shares or other securities, the application is submitted by such holder.

5. According to Item 5 of article 45 of the Code of the Republic of Kazakhstan "About subsoil and subsurface use" (further – the Code), all documents enclosed to the application, specified in Item 8 of the List shall be constituted in the state and Russian languages. If the application is submitted by the foreigner or the foreign legal entity, such documents can be also constituted in other language with the annex to each document of the electronic copy of transfer into the Kazakh and Russian languages which fidelity is certified by the notary.";

state Items 10 and 11 in the following edition:

"10. The commission of experts considers the documents specified in Item 8 of the List, in time no more than 10 (ten) working days, and on large-scale deposits and strategic subsoil plots – no more than 40 (forty) working days.

According to Item 6 of article 45 of the Code, for the purpose of comprehensive and complete examination of the statement the service provider has the right to request the additional data and (or) documents necessary for development of recommendations from uslugopoluchatel.

In case of request of additional data and (or) documents terms of consideration of the corresponding statement stop for the period before submission of such data and (or) documents.

11. The service provider within 5 (five) working days from the date of receipt of the recommendation of commission of experts concerning subsurface use passes the positive decision according to the statement.

In case of identification the basis for refusal in rendering the state service in the bases specified in Item 9 of the List the service provider not later than 3 (three) working days before completion of term of rendering the state service according to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan sends to uslugopoluchatel the notification on the provisional solution on refusal in rendering the state service, and also time and the venue of hearing for opportunity to express to uslugopoluchatel line item according to the provisional solution.

The procedure of hearing is carried out in compliance with Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan.

By results of hearing the service provider makes the following decisions:

1) is issued by permission to transition of the right of subsurface use (share in the subsurface use right) and (or) the objects connected with the subsurface use right;

2) is issued by permission to share issue and other securities which are the objects connected with the subsurface use right in the address in the organized market of securities;

3) is issued by motivated refusal in rendering the state service in form, according to appendix 4 to these rules in the cases specified in Item 9 of the List.";

heading of appendix 1 to Rules of rendering the state service of the Department of Energy of the Republic of Kazakhstan "Transition of the right of subsurface use and (or) the objects connected with the subsurface use right" to state in the following edition:

"List of the main requirements to rendering the state service "Transition of the Right of Subsurface Use and (or) the Objects Connected with the Subsurface Use Right";

The list of the main requirements to rendering the state service "Transition of the Right of Subsurface Use and (or) the Objects Connected with the Subsurface Use Right" to add with line of the following content:

"

";

in the List of the main requirements to rendering the state service "Transition of the Right of Subsurface Use and (or) the Objects Connected with the Subsurface Use Right":

2, to be reworded as follows line, sequence number:

"

";

in Rules of rendering the state service of the Department of Energy of the Republic of Kazakhstan "The conclusion (signing) of the contracts for subsurface use on hydrocarbons and production of uranium" approved by the specified order:

add with Item 2-1. following content:

"2-1. The service provider provides the direction of information on the made changes and (or) additions in these rules in Single contact center within three working days from the date of their enforcement.";

3, of 4, 5 and 6 to state Items in the following edition:

"3. The state service appears the Department of Energy of the Republic of Kazakhstan (further – the service provider) bumazhno or electronically.

For receipt of the state service the uslugopoluchatel submits through information system of the web portal of "the electronic government" or office of the service provider the necessary documents specified in Item 8 of the List of the main requirements to rendering the state service "The Conclusion (Signing) of Contracts for Subsurface Use on Hydrocarbons and Production of Uranium" (further – the List) according to appendix 1 to these rules.

4. The main requirements to rendering the state service through the web portal of "the electronic government" or the office of the service provider including the characteristic of process, form, content and result of rendering, the basis for refusal in rendering the state service, and also other data taking into account features of rendering the state service are stated in the List.

5. In case of receipt of the documents of uslugopoluchatel specified in Item 8 of the List through the web portal of "the electronic government" in day of their receipt their automatic acceptance and registration according to the working schedule of the service provider is performed.

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