I.O'S ORDER. MINISTER OF CULTURE AND INFORMATION OF THE REPUBLIC OF KAZAKHSTAN

of September 17, 2024 No. 433-HK

About approval of Rules of providing the physical persons who are receivers of the government address public assistance, set-top subscriber boxes

According to Item 7 of article 69 of the Law of the Republic of Kazakhstan "About mass media" I ORDER:

1. Approve the enclosed Rules of providing the physical persons who are receivers of the government address public assistance, set-top subscriber boxes.

2. Declare invalid the order of the Minister of information and social development of the Republic of Kazakhstan of February 28, 2022 No. 51 "About approval of Rules of providing the physical persons who are receivers of the government address public assistance, set-top subscriber boxes" (it is registered in the Register of state registration of regulatory legal acts No. 26945).

3. To provide to committee of information of the Ministry of Culture and information 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 Ministry of Culture and information of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of Culture and information of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the supervising vice-Minister of Culture and Information of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan

It is approved Ministry of Finance of the Republic of Kazakhstan

It is approved Ministry of national economy of the Republic of Kazakhstan

 

Approved by the Order of the acting minister of culture and information of September 17, 2024 No. 433-HK

Rules of providing the physical persons who are receivers of the government address public assistance, set-top subscriber boxes

Chapter 1. General provisions

1. Rules of providing the physical persons who are receivers of the government address public assistance, set-top subscriber boxes (further - Rules) are developed according to Item 7 of article 69 of the Law of the Republic of Kazakhstan "About mass media" (further - the Law) and determine procedure for providing the physical persons who are receivers of the government address public assistance, set-top subscriber boxes according to the Social Code of the Republic of Kazakhstan.

2. For the purposes of these rules the following concepts are used:

1) the potential supplier - the physical person performing business activity, the legal entity (except for public institutions if other is not established for them by the laws of the Republic of Kazakhstan), temporary consolidation legal entities (consortium), the agreements on public procurements applying for the conclusion. The physical person which is not the subject of business activity can be the potential supplier in case of acquisition by customers of the dwelling belonging on the right of private property to such physical person;

2) local executive body (akimat) - the collegiate executive body headed by the akim of area, city of republican value and the capital, area (city of regional value), exercising within the competence local public administration and self-government in the corresponding territory;

3) the executive body financed from the local budget (further - executive body) - the public institution authorized by akimat on the implementation of separate functions of local public administration and self-government financed from the corresponding local budgets;

4) set-top subscriber box (further - prefix) - the separate technical tool intended for acceptance by the subscriber digital TV, radio signal;

5) the national operator of TV and radio broadcasting (further - the national operator) - the legal entity determined by the Government of the Republic of Kazakhstan with the absolute packet of the share belonging to the state to which tasks on content and development of national network of TV and radio broadcasting according to article 44 of the Law are assigned.

Chapter 2. Procedure for providing the physical persons who are receivers of the government address public assistance, set-top subscriber boxes

3. Prefixes provide acceptance digital TV, radio signal in standards of broadcasting of DVB T2, MPEG 4 (for digital on-air TV and radio broadcasting), are integrated with national network of digital radio telecasting.

4. The local executive body before complete transition to digital on-air TV and radio broadcasting will organize providing with executive body the physical persons who are receivers of the government address public assistance, prefixes.

Transition to digital on-air TV and radio broadcasting is performed by step-by-step shutdown of the analog transferring funds for networks of analog on-air TV and radio broadcasting on administrative and territorial units according to the terms determined by authorized body in the field of mass media according to Item 2 of article 69 of the Law till December 1, 2025.

5. Providing with prefixes is made in forms of delivery and installation on a grant basis to the applicant.

Applicant is the physical person who addressed from himself personally or on behalf of members of his family and other persons who are constantly living with it jointly, with the statement on receipt of set-top subscriber box in form according to appendix to these rules, on non-paid receipt of prefix in executive body at the place of residence, and in the rural zone - to the akim of the settlement, village, rural district, city of district value, and being the receiver of the government address public assistance.

6. Providing with prefixes is made from calculation one prefix on one applicant who addressed from himself personally or on behalf of family and other persons who are constantly living with it jointly.

Providing with prefixes is one-time and repeatedly is not delivered to the applicant who received it, members of his family and other persons who are constantly living with it jointly.

7. In the settlements covered by digital on-air TV and radio broadcasting, applicants are provided with prefixes which are intended for acceptance digital TV, the radio signal extended by the national operator in network of digital on-air TV and radio broadcasting.

8. The local executive body informs the population through mass media on non-paid receipt of prefix by applicants and timely provides them with the complete information about procedure and conditions of receipt of prefix.

9. The applicant addresses for receipt of prefix in executive body at the place of residence, and in the rural zone - to the akim of the settlement, village, rural district, city of district value which register documents in the magazine of registration of statements on delivery on a grant basis of prefix and issue to the applicant confirmation about adoption of documents.

In the rural zone the akim of the settlement, village, rural district, city of district value no later than 5 (five) working days from the date of obtaining directs the application with documents to executive body.

10. The executive body makes verification of data of the applicant or members of his family and other persons constantly living with it jointly, on its belonging to receivers of the government address public assistance, and also factual determination according to Item 6 of these rules.

The executive body based on statements determines the need for prefixes with indication of their list and quantity.

11. Within 10 (ten) working days from the date of adoption of documents from the applicant or the akim of the settlement, the village, the rural district, the city of district value the executive body passes the decision on providing on a grant basis with prefix to the applicant (in triplicate) or refusal in providing with prefix (in duplicate).

12. Causes of failure in providing on a grant basis prefix:

1) the applicant at the time of filing of application is not receiver of the government address public assistance;

2) the prefix was provided to the applicant, the members of his family and other persons who are constantly living with him jointly earlier.

13. To the applicant the notification with appendix of the provisional solution on refusal in providing with prefix with indication of the reason in time not later than 3 (three) working days before its signing goes.

The applicant provides objection in writing to the provisional solution about refusal in providing on a grant basis by prefix in executive body at the place of residence, and in the rural zone - to the akim of the settlement, village, rural district, city of district value no later than 2 (two) working days from the date of receipt of the notification in time.

By results of consideration of objection, in case of receipt from the applicant, the executive body provides the applicant on a grant basis with prefix or passes the motivated decision on refusal in providing with prefix.

14. In case of decision making about providing the applicant on a grant basis with prefix, the first copy of the decision goes to the applicant, the second copy - to the potential supplier performing delivery of prefixes following the results of the carried-out public procurements, the third copy remains in executive body.

In case of decision making about refusal in providing the applicant on a grant basis with prefix, the first copy of the decision goes to the applicant, the second copy remains in executive body.

15. The potential supplier from the moment of receipt of the decision of executive body on providing the applicant on a grant basis prefix within the terms specified in the agreement on public procurements performs to the address specified in the decision, delivery of prefix, and also installation and connection.

16. The applicant signs the delivery-acceptance certificate of prefix within 1 (one) day from the moment of its delivery, installation and connection.

17. The decision of executive body is appealed according to the procedure, determined by Article 91 of the Administrative procedural Procedure Code of the Republic of Kazakhstan.

Consideration of the claim in administrative (pre-judicial) procedure is made by higher administrative authority, the official, authorized body (further - the body considering the claim).

The claim is submitted to the official whose decision, action (failure to act) is appealed.

The official, whose decision, action (failure to act) is appealed, no later than 3 (three) working days from the date of receipt of the claim sends it and administrative case to the body considering the claim.

The official, whose decision, action (failure to act) is appealed, does not send the claim to the body considering the claim in case of adoption of the favorable decision, making of administrative action, completely meeting requirements specified in the claim within 3 (three) working days.

The claim of the applicant is subject to consideration within 15 (fifteen) working days from the date of its registration.

Appeal to the court is allowed after appeal in pre-judicial procedure, except as specified, provided by the law.

Appendix

to Rules of providing the physical persons who are receivers of the government public assistance, set-top subscriber boxes

The statement on receipt of set-top subscriber box

The statement on receipt of set-top subscriber box:

1) Applicant ___________________________________________________
                                (surname, name, middle name (in case of its availability))

2) Residence address of the applicant ___________________________________

3) List of members of the family of the applicant _________________________________

______________________________________________________________

4) Contact phone numbers, e-mail addresses:

______________________________________________________________

The enclosed documents:

1. ____________________________________________________________

2. ____________________________________________________________

3. ____________________________________________________________

_______________ _______________________________________________
       the signature of the applicant (surname, name, middle name (in case of its availability))

Date of filing of application "___" __________ 20 __.

Signature of the representative of local executive body /

Akim of the settlement, village, rural district, city of district value

about documents acceptance with indication of date of acceptance "____" ________ 20 ___.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info