of September 10, 2024 No. 308
About introduction of amendments to the order of the Minister of Agriculture of the Republic of Kazakhstan of September 29, 2020 No. 299 "About approval of Rules of rendering the state service "Licensing for Import of Remedies of Plants (Pesticides)"
I ORDER:
1. Bring in the order of the Minister of Agriculture of the Republic of Kazakhstan of September 29, 2020 No. 299 "About approval of Rules of rendering the state service "Licensing for Import of Remedies of Plants (Pesticides)" (it is registered in the Register of state registration of regulatory legal acts No. 21494) the following changes:
in the Rules of rendering the state service "Licensing for Import of Remedies of Plants (Pesticides)" approved by the specified order:
4) of Item 2 to state the subitem in the following edition:
"4) payment gateway of "the electronic government" (further – PShEP) – the object of informatization automating processes of information transfer about carrying out payments within rendering the paid services rendered electronically;";
state Item 3 in the following edition:
"3. Import of remedies of plants (pesticides) included in the inventory concerning which the allowing procedure for import to customs area of the Eurasian Economic Union and (or) export from customs area of the Eurasian Economic Union approved by the Decision of Board of the Eurasian economic commission of April 21, 2015 No. 30 "About measures of non-tariff regulation" is established is performed in the presence of the license which is drawn up according to appendix No. 1 to Rules of issue of the licenses and import permits and (or) commodity import included in the single inventory to which measures of non-tariff regulation in trade with the third countries are applied (further – Rules of issue of licenses and permissions), by the approved Decision of Council of the Eurasian economic commission of November 24, 2023 No. 125 "About approval of Rules of issue of the licenses and import permits and (or) commodity import included in the single inventory to which measures of non-tariff regulation in trade with the third countries are applied ".";
state Items 9 and 10 in the following edition:
"9. The ranking officer of the service provider during 8 (eight) working hours from the moment of document registration checks completeness of the submitted documents.
In representation cases uslugopoluchatel of incomplete document package according to the list, stipulated in Item 8 Lists, and (or) documents with the expired effective period, the service provider refuses reception of an application with indication of cause of failure.
In case of provision by uslugopoluchatel of complete document package, the ranking officer of the service provider performs verification of the submitted documents and (or) data according to Rules of issue of licenses and permissions.
Following the results of check draws up result of rendering the state service – the import license of remedies of plants (pesticides) in form according to appendix 2 to these rules, or motivated refusal in form according to appendix 3 to these rules.
In case of decision about refusal in licensing for import of remedies of plants (pesticides), the ranking officer of the service provider notifies uslugopoluchatel on the provisional solution about refusal in licensing for import of remedies of plants (pesticides), 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).
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 service provider makes the decision on licensing for import of remedies of plants (pesticides) or on motivated refusal in licensing for import of remedies of plants (pesticides).
The result of the state service goes through the portal to "personal account" of the uslugopoluchatel in electronic form certified by the EDS of the head of the service provider or person, fulfilling its duties.
10. Owners of licenses within 15 (fifteen) calendar days after effective period of the license provide to the service provider the certificate of execution of the export license and (or) commodity import in form according to appendix No. 3 to Rules of issue of licenses and permissions.";
state Item 14 in the following edition:
"14. The termination or suspension of action of the license is performed according to appendix No. 2 to Rules of issue of licenses and permissions.";
appendices 1 and 2 to the specified Rules to be reworded as follows according to appendices 1 and 2 to this order.
2. To provide to committee of the state inspection in agro-industrial complex 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. 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.
Acting minister of agricultural industry of the Republic of Kazakhstan
A. Sultanov
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It is approved Ministry of Trade and integration of the Republic of Kazakhstan |
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It is approved Ministry of national economy of the Republic of Kazakhstan |
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It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan |
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to the Order of the acting minister of agricultural industry of the Republic of Kazakhstan of September 10, 2024 No. 308
Appendix 1
to Rules of rendering the state service "Licensing for Import of Remedies of Plants (Pesticides)"
List of the main requirements to rendering the state service "Licensing for Import of Remedies of Plants (Pesticides)"
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1. |
Name of the service provider |
The state service appears Committee of the state inspection in agro-industrial complex of the Ministry of Agriculture of the Republic of Kazakhstan (further – the service provider). |
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2. |
Methods of provision of the state service |
Through the web portal of "the electronic government" www.egov.kz (further – the portal). |
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3. |
Term of rendering the state service |
5 (five) working days. |
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4. |
Form of rendering the state service |
Electronic (partially automated). |
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5. |
Result of rendering the state service |
The import license of remedies of plants (pesticides), or motivated refusal in rendering the state service. |
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6. |
The amount of the payment levied from uslugopoluchatel when rendering the state service and methods of its collection in cases, stipulated by the legislation the Republic of Kazakhstan |
The state service is rendered to uslugopoluchatel on paid basis. When rendering the state service in the budget for the location of uslugopoluchatel the license fee is paid for licensing for occupation by separate types of activity according to article 554 of the Code of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) which constitutes 10 (ten) monthly settlement indicators. Payment of the license fee is performed in cash and non-cash form through the banks of the second level and the organization performing separate types of banking activities and also in non-cash form through payment gateway of "the electronic government" (further – PShEP). |
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7. |
Working schedule of the service provider and subjects of information |
1) the service provider – Monday through Friday inclusive, from 9:00 till 18:30 o'clock, with lunch break from 13:00 till 14:30 o'clock, except for days off and holidays according to the labor law of the Republic of Kazakhstan; 2) the portal – round the clock, except for technical breaks in connection with carrying out repair work (in case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law of the Republic of Kazakhstan, reception of applications and issue of results of rendering the state service are performed the next working afternoon). Addresses of places of rendering the state service are placed on official Internet resource of the service provider – www.gov.kz. |
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8. |
The list of the documents and data requested at uslugopoluchatel for rendering the state service |
1) the statement on licensing for import of remedies of plants (pesticides) in form according to appendix to this List in electronic form, the uslugopoluchatel certified by the digital signature; 2) the electronic copy of the document confirming payment in the budget of the license fee for the occupation right with separate types of activity, except as specified payments through PShEP; 3) the electronic copy of the agreement in foreign trade (contract), appendix and (or) amendment to it (for the one-time license), and in case of lack of the agreement in foreign trade (contract) – the copy of other document confirming intentions of the parties; 4) the electronic copy of the documents confirming compliance of uslugopoluchatel to the qualification requirements established by the order of the Minister of national economy of the Republic of Kazakhstan of January 30, 2015 No. 67 "About approval of the qualification requirements imposed to activities for export licensing and commodity import, the list of the documents confirming compliance to them, forms of statements for receipt of the license and (or) appendix to the license, forms of licenses and (or) appendix to the license" (it is registered in the Register of state registration of regulatory legal acts No. 11074) (further – the Order No. 67). Data on the identity document of physical person, on state registration (re-registration) of the legal entity, on registration of the individual entrepreneur, or on the beginning of activities as the individual entrepreneur, about availability of the license for production (formulyation) of pesticides, realization of pesticides, use of pesticides aerosol or fumigatsionny by methods, about registration in tax authority, about payment in the budget of the license fee for the occupation right by separate types of activity (in case of payment through PShEP), the service provider receives from the state information systems through lock of "the electronic government". |
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9. |
The bases for refusal in rendering the state service established by the laws of the Republic of Kazakhstan |
1) availability of incomplete or unreliable information in the documents (data) submitted by uslugopoluchatel for receipt of the license; 2) non-compliance with the requirements provided by Items 10, of 11, of 12 and 22 Rules of issue of licenses and import permits and (or) commodity import included in the single inventory to which measures of non-tariff regulation in trade with the third countries are applied, approved by the Decision of Council of the Eurasian economic commission of November 24, 2023 No. 125 "About approval of Rules of issue of the licenses and import permits and (or) commodity import included in the single inventory to which measures of non-tariff regulation in trade with the third countries are applied"; 3) the termination or suspension of action of one or several documents forming the basis for issue (registration) of the license; 4) violation of the international obligations of state members which can come owing to agreement performance (contract) for which realization the license is requested; 5) exhaustion of the import quota as quantitative restrictions of import, import or special quota as special protective measure, and also the tariff quota or their absence (in case of execution of the license for quoted goods); 6) occupation type of activity is forbidden by the laws of the Republic of Kazakhstan for uslugopoluchatel according to the subitem 1) of Item 1 of article 32 of the Law of the Republic of Kazakhstan "About permissions and notifications"; 7) the license fee is not brought; 8) the uslugopoluchatel does not conform to the qualification requirements established by the Order No. 67; 9) concerning uslugopoluchatel there is decision (sentence) of court on suspension or prohibition of activities or the separate types of activity which are subject to licensing took legal effect; 10) court based on representation of the legal executive the uslugopoluchatelyu-debtor is temporarily forbidden to grant the license; 11) unauthenticity of the documents submitted by uslugopoluchatel for receipt of the license, and (or) these (data) containing in them is established. |
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10. |
Other requirements taking into account features of rendering the state service including rendered electronically |
Uslugopoluchatel has possibility of receipt of information on procedure and the status of rendering the state service in the mode of remote access by means of portal "personal account", and also single contact center concerning rendering the state services: 1414, 8 800 080 77 77. Contact telephone numbers of service desks concerning rendering the state service are placed on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan: www.gov.kz. Service of digital documents is available to the subjects authorized in mobile application and information systems of users. For use of the digital document it is necessary to undergo authorization by methods available in mobile application and information systems of users, further in the Section "Digital Documents" checks the necessary document for further use. |
Appendix
to the list of the main requirements to rendering the state service "Licensing for Import of Remedies of Plants (Pesticides)"
Form
The statement on licensing for import of remedies of plants (pesticides)
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1. Statement № |
2. Action period with on | |
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3. License type IMPORT |
4. Contract № from | |
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5. Applicant | |
6. Seller | |
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7. Country of departure | |
8. Country of the seller | | |
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9. Contract currency | |
10. Cost |
11. Statistical cost |
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12. Country of source | |
13. Quantity |
14. Unit of measure |
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15. Commodity code according to the single commodity nomenclature of foreign economic activity of the Eurasian Economic Union and its description | ||
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16. Additional information | ||
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17. Basis for licensing |
18. Authorized person of the applicant | |
Appendix
to the statement on licensing for import of remedies of plants (pesticides)
Form
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Appendix to the statement No. from | |||
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№ of payment order |
Description of goods |
quantity |
unit of measure |
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cost | |||
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№ of payment order |
Description of goods |
quantity |
unit of measure |
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cost | |||
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№ of payment order |
Description of goods |
quantity |
unit of measure |
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cost | |||
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№ of payment order |
Description of goods |
quantity |
unit of measure |
|
cost | |||
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№ of payment order |
Description of goods |
quantity |
unit of measure |
|
cost | |||
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№ of payment order |
Description of goods |
quantity |
unit of measure |
|
cost | |||
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№ of payment order |
Description of goods |
quantity |
unit of measure |
|
cost | |||
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№ of payment order |
Description of goods |
quantity |
unit of measure |
|
cost | |||
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In total sheets Liszt №. |
Authorized person of the applicant | ||
to the Order of the acting minister of agricultural industry of the Republic of Kazakhstan of September 10, 2024 No. 308
Appendix 2
to Rules of rendering the state service "Licensing for Import of Remedies of Plants (Pesticides)"
Form
Import license of remedies of plants (pesticides)
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Authorized body | ||
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1. License No. |
2. The action period with on | |
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3. License type | IMPORT |
4. Contract № from | |
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5. Applicant | |
6. Seller | |
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7. Country of departure | |
8. Country of the seller | | |
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9. Contract currency | |
10. Cost |
11. Statistical cost |
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12. Country of source | |
13. Quantity |
14. Unit of measure |
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15. Commodity code according to the single commodity nomenclature of foreign economic activity of the Eurasian Economic Union and its description | ||
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16. Additional information | ||
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17. Basis for licensing |
18. Authorized person | |
Appendix
to the license of remedies of plants (pesticides)
Form
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Authorized body | |||
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Appendix to the license No. from | |||
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№ of payment order |
Description of goods |
quantity |
unit of measure |
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cost | |||
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№ of payment order |
Description of goods |
quantity |
unit of measure |
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cost | |||
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№ of payment order |
Description of goods |
quantity |
unit of measure |
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cost | |||
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№ of payment order |
Description of goods |
quantity |
unit of measure |
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cost | |||
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№ of payment order |
Description of goods |
quantity |
unit of measure |
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cost | |||
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№ of payment order |
Description of goods |
quantity |
unit of measure |
|
cost | |||
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№ of payment order |
Description of goods |
quantity |
unit of measure |
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cost | |||
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№ of payment order |
Description of goods |
quantity |
unit of measure |
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cost | |||
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In total sheets Liszt №. |
Authorized person | ||
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