ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of September 24, 2024 No. 338

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

I ORDER:

1. Bring in the order of the Minister of Energy of the Republic of Kazakhstan of January 20, 2016 No. 13 "About approval of Rules of advanced training of the personnel occupied on subjects to use of atomic energy" (it is registered in the Register of state registration of regulatory legal acts at No. 13456) the following changes:

be reworded as follows preamble:

"According to the subitem 19) of article 6 of the Law of the Republic of Kazakhstan "About use of atomic energy" I ORDER:";

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

in Chapter 1:

be reworded as follows heading:

"Chapter 1. General provisions";

be reworded as follows Item 1:

"1. These rules of advanced training of the personnel occupied on subjects to use of atomic energy (further – Rules), are developed according to the subitem 19) of article 6 of the Law of the Republic of Kazakhstan "About use of atomic energy" and determine procedure for advanced training of the personnel occupied on subjects to use of atomic energy.";

to be reworded as follows heading of Chapter 2:

"Chapter 2. Procedure for advanced training of the personnel occupied on subjects to use of atomic energy".

2. Bring 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 at No. 20323) the following changes:

be reworded as follows Item 1:

"1. Approve:

1) rules of rendering the state service "Licensing for Performance of Works, the Subjects to Use of Atomic Energy Connected with Stages of Lifecycle" according to appendix 1 to this order;

2) rules of rendering the state service "Licensing for the Treatment of Nuclear Materials" according to appendix 2 to this order;

3) rules of rendering the state service "Licensing for the Treatment of the Radioactive Materials, Devices and Installations Containing Radioactive Materials" according to appendix 3 to this order;

4) rules of rendering the state service "Licensing for the Handling of the Devices and Installations Generating Ionizing Radiation" according to appendix 4 to this order;

5) rules of rendering the state service "Licensing for Provision of Services in the field of Use of Atomic Energy" according to appendix 5 to this order;

6) rules of rendering the state service "Licensing for Activities for the Treatment of Radioactive Waste" according to appendix 6 to this order;

7) rules of rendering the state service "Licensing for Transportation, including Transit, Nuclear Materials, Radioactive Materials, Radio Isotope Sources of Ionizing Radiation, Radioactive Waste within the Territory of the Republic of Kazakhstan" according to appendix 7 to this order;

8) rules of rendering the state service "Licensing for Activities in the Territories of the Former Test Nuclear Test Sites and Other Territories Contaminated as a result of the Carried-out Nuclear Testing" according to appendix 8 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:

change in Kazakh is made to heading, the text in Russian does not change;

change in Kazakh is made to Item 1, the text in Russian does not change;

in Item 2:

1) to be reworded as follows the subitem:

"1) Single contact center – the legal entity determined by authorized body in the field of rendering the state services, performing functions of directory service on provision to uslugopoluchatel of information on questions of rendering the state and other services and also to state bodies – information on questions of rendering information and communication services;";

3) to be reworded as follows the subitem:

"3) the state service – one of the forms of realization of the separate state functions or their set performed according to the address or without address of uslugopoluchatel and directed to realization of their rights, freedoms and legitimate interests, provision of the corresponding material or non-material benefits by it;";

4) to exclude the subitem;

5) to be reworded as follows the subitem:

"5) the web portal of "the electronic government" (further – the portal) – the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;";

change in Kazakh is made to item 4, the text in Russian does not change;

7, 8 and 9 to be reworded as follows Items:

"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 8 of the list of the main requirements to rendering the state service 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.

By provision 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 the analysis, the state control and technical cooperation on carrying out allowing control and for establishment of special conditions of licensing.

8. The employee of management of the analysis, the state control and technical cooperation from the moment of receipt of document package and (or) data within 13 (thirteen) working days establishes special conditions of licensing and compliance or discrepancy of uslugopoluchatel to qualification requirements and the list of the documents confirming compliance to them, for activities in the field of use of atomic energy, approved by the order of the Minister of Energy of the Republic of Kazakhstan of November 13, 2014 No. 122 (it is registered in the Register of state registration of regulatory legal acts for No. 10022) (further – Qualification requirements) by results of which prepares the conclusion signed by the employee of management of the analysis, the state control and technical cooperation and uslugopoluchatel and transfers it to the control licensing.

9. The employee of management of licensing within 1 (one) working day after receipt of the conclusion of the employee of management of the analysis, the state control and technical cooperation prepares the license and (or) appendix to the license in forms, according to appendices 7 and 8 to these rules (further – the license and (or) appendix to the license), or the provisional solution about refusal in licensing and (or) appendices to the license.

According to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further – APPK RK) the service provider gives opportunity to uslugopoluchatel to express the line item (hearing) to the provisional solution about refusal in licensing and (or) appendices to the license on which the uslugopoluchatel is notified not later than 3 (three) working days before decision making.

The procedure of hearing is carried out according to APPK RK.

Following the results of consideration of document package, the conclusion and to results of hearing the service provider makes the decision on licensing and (or) appendices to the license, or on refusal in licensing and (or) appendices to the license.

The employee of management of licensing within 1 (one) working day after receipt of the decision on licensing and (or) appendix to the license or about refusal in licensing and (or) appendices to the license, prepares the license and (or) appendix to the license, or 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 license and (or) appendix to the license 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 head of the service provider.";

be reworded as follows Item 12:

"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 8 of the list of the main requirements to rendering the state service 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.";

be reworded as follows Item 22:

"22. In case of disagreement with the decision of the body considering the claim, the uslugopoluchatel addresses to other body considering the claim or in court according to Item 6 of article 100 APPK RK.";

be reworded as follows appendix 5 according to appendix 1 to this order;

be reworded as follows appendix 7 according to appendix 2 to this order;

be reworded as follows appendix 8 according to appendix 3 to this order;

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 heading:

"Rules of rendering the state service "Licensing for the Treatment of Nuclear Materials";

be reworded as follows Item 1:

"1. These rules of rendering the state service "Licensing 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 the Treatment of Nuclear Materials" (further – the state service).";

in Item 2:

1) to be reworded as follows the subitem:

"1) Single contact center – the legal entity determined by authorized body in the field of rendering the state services, performing functions of directory service on provision to uslugopoluchatel of information on questions of rendering the state and other services and also to state bodies – information on questions of rendering information and communication services;";

3) to be reworded as follows the subitem:

"3) the state service – one of the forms of realization of the separate state functions or their set performed according to the address or without address of uslugopoluchatel and directed to realization of their rights, freedoms and legitimate interests, provision of the corresponding material or non-material benefits by it;";

4) to exclude the subitem;

5) to be reworded as follows the subitem:

"5) the web portal of "the electronic government" (further – the portal) – the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;";

be reworded as follows item 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 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.";

7, 8 and 9 to be reworded as follows Items:

"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 8 of the list of the main requirements to rendering the state service 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 the analysis, the state control and technical cooperation and (or) management of nuclear physical safety 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.

8. Employees of management of control of materials and the international guarantees, managements of the analysis, the state control and technical cooperation and (or) management of nuclear physical safety from the moment of receipt of document package and (or) data within 13 (thirteen) working days establish special conditions of licensing and compliance or discrepancy of uslugopoluchatel to qualification requirements and the list of the documents confirming compliance to them, for activities in the field of use of atomic energy, approved by the order of the Minister of Energy of the Republic of Kazakhstan of November 13, 2014 No. 122 (it is registered in the Register of state registration of regulatory legal acts for No. 10022) (further – Qualification requirements) by results of which prepare the conclusion signed by employees of management of control of materials and the international guarantees, managements of the analysis the state control and technical cooperation and (or) management of nuclear physical safety and uslugopoluchatel also transfer him to the control licensing.

9. The employee of management of licensing within 1 (one) working day after receipt of the conclusion of employees of management of control of materials and the international guarantees, management of the analysis, the state control and technical cooperation and (or) management of nuclear physical safety, prepares the license and (or) appendix to the license in forms, according to appendices 7 and 8 to these rules (further – the license and (or) appendix to the license), or the provisional solution about refusal in licensing and (or) appendices to the license.

According to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further – APPK RK) the service provider gives opportunity to uslugopoluchatel to express the line item (hearing) to the provisional solution about refusal in licensing and (or) appendices to the license on which the uslugopoluchatel is notified not later than 3 (three) working days before decision making.

The procedure of hearing is carried out according to APPK RK.

Following the results of consideration of document package, the conclusion and to results of hearing the service provider makes the decision on licensing and (or) appendices to the license, or on refusal in licensing and (or) appendices to the license.

The employee of management of licensing within 1 (one) working day after receipt of the decision on licensing and (or) appendix to the license or about refusal in licensing and (or) appendices to the license, prepares the license and (or) appendix to the license, or 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 license and (or) appendix to the license 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 head of the service provider.";

be reworded as follows Item 12:

"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 8 of the list of the main requirements to rendering the state service 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.";

be reworded as follows Item 22:

"22. In case of disagreement with the decision of the body considering the claim, the uslugopoluchatel addresses to other body considering the claim or in court according to Item 6 of article 100 APPK RK.";

be reworded as follows appendix 5 according to appendix 4 to this order;

be reworded as follows appendix 7 according to appendix 5 to this order;

be reworded as follows appendix 8 according to appendix 6 to this order;

in the Rules of rendering the state service "Licensing for Implementation of Activities for the Treatment of the Radioactive Materials, Devices and Installations Containing Radioactive Materials" approved by the specified order:

be reworded as follows heading:

"Rules of rendering the state service "Licensing for the Treatment of the Radioactive Materials, Devices and Installations Containing Radioactive Materials";

be reworded as follows Item 1:

"1. These rules of rendering the state service "Licensing for the Treatment of the Radioactive Materials, Devices and Installations Containing Radioactive 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 the Treatment of the Radioactive Materials, Devices and Installations Containing Radioactive Materials" (further – the state service).";

in Item 2:

1) to be reworded as follows the subitem:

"1) Single contact center – the legal entity determined by authorized body in the field of rendering the state services, performing functions of directory service on provision to uslugopoluchatel of information on questions of rendering the state and other services and also to state bodies – information on questions of rendering information and communication services;";

3) to be reworded as follows the subitem:

"3) the state service – one of the forms of realization of the separate state functions or their set performed according to the address or without address of uslugopoluchatel and directed to realization of their rights, freedoms and legitimate interests, provision of the corresponding material or non-material benefits by it;";

4) to exclude the subitem;

5) to be reworded as follows the subitem:

"5) the web portal of "the electronic government" (further – the portal) – the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;";

be reworded as follows item 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 the Treatment of the Radioactive Materials, Devices and Installations Containing Radioactive 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.";

7, 8 and 9 to be reworded as follows Items:

"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 8 of the list of the main requirements to rendering the state service 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 with appendix of the conclusion about primary check to management of control of materials and the international guarantees and management of the analysis, the state control 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.

8. Employees of management of control of materials and the international guarantees and management of the analysis, the state control and technical cooperation from the moment of receipt of document package and (or) data within 13 (thirteen) working days establish special conditions of licensing and compliance or discrepancy of uslugopoluchatel to qualification requirements and the list of the documents confirming compliance to them, for activities in the field of use of atomic energy, approved by the order of the Minister of Energy of the Republic of Kazakhstan of November 13, 2014 No. 122 (it is registered in the Register of state registration of regulatory legal acts for No. 10022) (further – Qualification requirements) by results of which prepare the conclusion signed by employees of management of control of materials and the international guarantees, managements of the analysis, the state control and technical cooperation and uslugopoluchatel and transfer it to the control licensing.

9. The employee of management of licensing within 1 (one) working day after receipt of the conclusion of employees of management of control of materials and the international guarantees and management of the analysis, the state control and technical cooperation, prepares the license and (or) appendix to the license in forms, according to appendices 7 and 8 to these rules (further – the license and (or) appendix to the license), or the provisional solution about refusal in licensing and (or) appendices to the license.

According to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further – APPK RK) the service provider gives opportunity to uslugopoluchatel to express the line item (hearing) to the provisional solution about refusal in licensing and (or) appendices to the license on which the uslugopoluchatel is notified not later than 3 (three) working days before decision making.

The procedure of hearing is carried out according to APPK RK.

Following the results of consideration of document package, the conclusion and to results of hearing the service provider makes the decision on licensing and (or) appendices to the license, or on refusal in licensing and (or) appendices to the license.

The employee of management of licensing within 1 (one) working day after receipt of the decision on licensing and (or) appendix to the license or about refusal in licensing and (or) appendices to the license, prepares the license and (or) appendix to the license, or 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 license and (or) appendix to the license or motivated refusal in rendering the state service goes by means of the portal to personal account" the uslugopoluchatel in electronic form signed by the EDS of the head of the service provider.";

be reworded as follows Item 12:

"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 8 of the list of the main requirements to rendering the state service 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.";

be reworded as follows Item 22:

"22. In case of disagreement with the decision of the body considering the claim, the uslugopoluchatel addresses to other body considering the claim or in court according to Item 6 of article 100 APPK RK.";

be reworded as follows appendix 5 according to appendix 7 to this order;

be reworded as follows appendix 7 according to appendix 8 to this order;

be reworded as follows appendix 8 according to appendix 9 to this order;

in the Rules of rendering the state service "Licensing for the Handling of the Devices and Installations Generating Ionizing Radiation" approved by the specified order:

change in Kazakh is made to heading, the text in Russian does not change;

change in Kazakh is made to Item 1, the text in Russian does not change;

in Item 2:

1) to be reworded as follows the subitem:

"1) Single contact center – the legal entity determined by authorized body in the field of rendering the state services, performing functions of directory service on provision to uslugopoluchatel of information on questions of rendering the state and other services and also to state bodies – information on questions of rendering information and communication services;";

3) to be reworded as follows the subitem:

"3) the state service – one of the forms of realization of the separate state functions or their set performed according to the address or without address of uslugopoluchatel and directed to realization of their rights, freedoms and legitimate interests, provision of the corresponding material or non-material benefits by it;";

4) to exclude the subitem;

5) to be reworded as follows the subitem:

"5) the web portal of "the electronic government" (further – the portal) – the information system representing single window of access to all consolidated government information including the regulatory legal base, and to the state services, services in issue of specifications on connection to the networks of subjects of natural monopolies and services of subjects of the quasi-public sector rendered electronically;";

be reworded as follows item 4:

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