of November 1, 2014 No. 118
About approval of provisions of territorial subdivisions of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan
According to the orders of the Government of the Republic of Kazakhstan of August 14, 2014 to No. 933 "About departments of the central executive bodies of the Republic of Kazakhstan" and of September 19, 2014 No. 995 "Some questions of the Ministry for Investments and Development of the Republic of Kazakhstan", I ORDER:
1. Approve enclosed:
1) the Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan on the city of Astana" according to appendix 1 to this order;
2) the Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan on the city of Almaty" according to appendix 2 to this order;
3) the Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan across Almaty region" according to appendix 3 to this order;
4) the Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan on Akmola area" according to appendix 4 to this order;
5) the Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan on the Aktyubinsk region" according to appendix 5 to this order;
6) the Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan on Atyrau area" according to appendix 6 to this order;
7) the Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan across the East Kazakhstan region" according to appendix 7 to this order;
8) Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan on Jambyl area" according to appendix 8 to this order;
9) the Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan across the West Kazakhstan region" according to appendix 9 to this order;
10) the Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan across the Karaganda region" according to appendix 10 to this order;
11) the Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan across the Kostanay region" according to appendix 11 to this order;
12) the Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan on Kyzylorda area" according to appendix 12 to this order;
13) the Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan across Mangystau Region" according to appendix 13 to this order;
14) the Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan across the Pavlodar region" according to appendix 14 to this order;
15) the Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan on the North Kazakhstan area" according to appendix 15 to this order;
16) the Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan on the Turkestan region" according to appendix 16 to this order;
17) the Provision of republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan on the city of Shymkent" according to appendix 17 to this order.
2. To committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan (to Erzhanov A. K.) provide:
1) in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, official publication in mass media and information system of law of Ad_let;
3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and the intranet portal of state bodies;
4) submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on state registration and about the direction on publication in mass media within 10 working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.
3. To impose control of execution of this order on the vice-minister of investments and development of the Republic of Kazakhstan Rau A. P.
4. This order becomes effective from the date of its first official publication.
The acting minister on investments and development of the Republic of Kazakhstan
Zh. Kasymbek
Appendix 1
to the Order of the Acting Minister of investments and development of the Republic of Kazakhstan of November 1, 2014 No. 118
1. Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan on the city of Astana" (further - Department) is the territorial subdivision of republican public institution "Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan" (further - Committee) performing realizable, control and supervising functions, ensuring the state control in the field of energy saving and increase in energy efficiency, ensuring the state control and supervision in the field of industrial safety (further - regulated spheres).
2. The department performs the activities according to the Constitution of the Republic of Kazakhstan and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, and also this Provision.
3. The department is legal entity in form of business of republican public institution, has seals and stamps with the name in state language, forms of the established sample, and also according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.
4. The department enters the civil relations from own name.
5. The department has the right to act as the party of the civil relations on behalf of Committee if he is authorized on it according to the legislation of the Republic of Kazakhstan.
6. The department concerning the competence of the procedure established by the legislation of the Republic of Kazakhstan makes the decisions which are drawn up by orders of the head of Department and other acts, stipulated by the legislation the Republic of Kazakhstan.
7. The structure and limit of the number of staff of Department affirms according to the current legislation of the Republic of Kazakhstan.
8. Legal address of Department: Republic of Kazakhstan, index 010000, city of Astana, region of "Sara arch", Ulitsa Beybitshilik, house 22.
9. Full name of Department - Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan on the city of Astana".
10. This Provision is the constituent document of Department.
11. Financing of activities of Department is performed at the expense of means of the republican budget.
12. The department is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Department.
In case of provision by legal acts of the Republic of Kazakhstan to Department of the rights on implementation of activities, revenue-producing, income gained from such activities goes to the income of the republican budget.
13. Mission of Department:
implementation of realizable and control and supervising functions in regulated spheres.
14. Tasks of Department:
1) participation in forming and realization of state policy in regulated spheres;
2) the prevention of harmful effects of the dangerous production factors arising in case of accidents, incidents on hazardous production facilities;
3) ensuring the state control and supervision in regulated spheres.
15. Functions of Department:
1) performs realizable and control and supervising functions and participates in accomplishment of strategic functions of the Ministry and the work plan of Committee within competence of Department;
2) participates in implementation of international cooperation in coordination with Committee within the competence of regulated spheres;
3) participates in development of regulatory legal acts within competence of Department;
4) renders the state services according to standards and regulations of the state services;
Organizes 5) and makes investigations of accident, the accidents which happened owing to accident on hazardous production facility together with the interested state bodies within the competence;
6) participates in acceptance tests, engineering certifications of hazardous production facility in case of its input in operation;
7) is issued by permission to production of explosive works;
8) stops or prohibits in exceptional cases, posing threat of life and to human health, without judgment the activities or separate types of activity of individual entrepreneurs, the organizations connected with operation of hazardous production facilities, technical devices for the term of no more than three days with obligatory presentation in the specified action for declaration time in court;
9) carries out examination of heads and members of permanent examination committees of other legal entities (who are not subject to declaring);
10) coordinates the project documentation on construction, expansion, reconstruction, upgrade, preservation and liquidation of hazardous production facilities, except for the hazardous production facility placed within two and more areas, and also strategic objects according to the procedure, established by the Law of the Republic of Kazakhstan "About civil protection";
11) performs registration and removal from accounting of hazardous production facilities, dangerous technical devices;
12) participates in carrying out educational alarms and antiemergency trainings on hazardous production facility;
13) participates in the commission on carrying out monitoring and acceptance tests under production conditions of pilot batch of explosives and products on their basis;
14) is provided by timeliness of consideration of addresses of uslugopoluchatel of the state services in the field of industrial safety;
15) exercises the state supervision of observance by the legal entities and physical persons, the organizations operating dangerous technical devices, requirements of the Law of the Republic of Kazakhstan "About civil protection" regarding ensuring industrial safety;
16) exercises the state supervision of timeliness of carrying out engineering certifications of factory buildings, technological constructions and technical devices of hazardous production facilities, dangerous technical devices;
17) exercises the state supervision of readiness of the hazardous production facilities and the organizations operating dangerous technical devices to work on liquidation and localization of accidents and their effects;
18) exercises the state supervision in the field of industrial safety in case of operation of the bulk distribution line;
19) exercises the state control over the implementation by owners of objects whose activities are connected with danger of damnification to the third parties, obligation according to the conclusion of the agreement of compulsory liability insurance of owners of objects and observance of requirements of the Law of the Republic of Kazakhstan by them "About compulsory insurance of civil responsibility of owners of objects whose activities are connected with danger of damnification to the third parties";
20) is issued to physical persons and legal entities by the Act of results of check, the instruction on the revealed violations in the field of industrial safety, energy saving and increase in energy efficiency;
21) exercises the state control of observance of requirements of the legislation of the Republic of Kazakhstan on energy saving and increase in energy efficiency;
22) participates in development together with authorized body on entrepreneurship of form of checking sheets, criteria for evaluation of risk degree in regulated spheres according to the Entrepreneurial code of the Republic of Kazakhstan;
23) participates in development of quarter and semi-annual schedules of conducting checks in regulated spheres according to the Entrepreneurial code of the Republic of Kazakhstan;
24) exercises allowing control of compliance of the applicant to qualification and/or allowing requirements in regulated spheres;
25) participates in the organization of monitoring of condition of anti-terrorist security of hazardous production facilities;
26) is performed by proceedings about administrative offenses in regulated spheres;
27) performs other functions provided by the laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
16. Rights of Department:
To perform 1) in accordance with the established procedure and within competence of check and other forms of the state supervision and control on observance of requirements of the legislation in the field of industrial safety and energy saving and increase in energy efficiency;
2) to request and receive in the procedure established by the legislation from physical persons and legal entities necessary information and materials;
To create 3) under Department advisory advisory bodies (working groups, the commissions, councils) on the supervised activities;
4) to represent required materials and references within the competence and within the legislation in case of official request for it of Committee and state bodies;
5) to organize and hold meetings, seminars, conferences, including international on the questions entering its competence;
6) to represent the Ministry and Committee in regions, in state bodies, the non-state organizations, and also in all courts of the republic on the questions entering their competence and to conduct the corresponding correspondence, to enter the civil relations from own name;
7) to publish legal acts within the competence;
8) to perform other rights provided by the existing legal acts of the Republic of Kazakhstan.
17. Obligations of Department:
1) to perform interaction with other state bodies, local executive bodies and the organizations;
2) to provide explanations, recommendations, instructions and to make decisions on the questions entering competence;
3) to provide execution of orders of higher bodies;
4) to observe the legislation of the Republic of Kazakhstan, it is right also the interests of physical persons and legal entities protected by the law;
5) to make relevant decisions on the questions entering competence of Department;
6) to perform orders of management of the Ministry and Committee, within the competence, prepares answers to appeals of physical persons and legal entities;
7) to perform the legal, advisory and practical assistance within competence;
8) to perform other obligations provided by the existing legal acts of the Republic of Kazakhstan.
18. The department has the powers necessary for realization of its main objectives and functions, according to legal acts of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan, other regulatory legal acts.
19. The department is headed by the Head - the Chief state state supervision inspector in the field of industrial safety on the city of Astana (further - the Head) appointed to position and dismissed by the order of the Responsible secretary of the Ministry.
20. The head has the deputy(deputies) appointed to position and exempted from position by the order of the Responsible secretary of the Ministry.
21. The head of Department will organize and performs the common directorship of activities of Department, bears the personal responsibility for accomplishment of the tasks assigned to Department and implementation of the functions by it.
22. For this purpose Head of Department:
Determines 1) and approves obligations and powers of the deputy, heads of departments and employees of Department;
2) within the competence signs orders;
3) appoints to positions and dismisses employees of Department, except for workers whose questions of employment relationships are carried to competence of higher state bodies and officials;
4) resolves issues of sending, provision of leaves, rendering financial support, preparation (retraining), advanced training, encouragement, payment of allowances and awarding, and also disciplinary responsibility of employees of Department, except for workers whose questions of employment relationships are carried to competence of higher state bodies and officials;
5) is represented by Department in state bodies and other organizations according to the current legislation;
6) approves provisions of departments of Department;
Encourages 7) in the procedure established by the legislation and imposes authority punishments on the staff of Department;
8) in cases of fixation of the corruption offenses or actions promoting emergence of corruption acts informs on it management of Committee;
9) is provided by observance by the staff of Department of regulations of office ethics of government employees;
10) takes the measures directed to anti-corruption in Department and bears the personal responsibility for acceptance of anti-corruption measures;
11) bears the personal responsibility for implementation of republican budget programs and implementation of activities in the field of public procurements;
12) makes decisions on other questions carried to its competence;
Represents 13) to management of Committee of the offer on structure and the staff list of Department;
14) is performed by reception of citizens;
15) performs the common directorship of activities of the disciplinary, certification and competitive commissions of Department controls observance of performing and labor discipline, work of service on personnel management and the organization of document flow;
16) performs other powers according to the legislation of the Republic of Kazakhstan.
Execution of powers of the Head of Department in the period of its absence is performed by person replacing it according to the current legislation.
23. Deputy(Deputies) head of Department:
1) coordinates / ют activities of Department within the powers;
2) in absence period of the Head of Department performs the common directorship of activities of Department and bears the personal responsibility for accomplishment of the tasks assigned to Department and implementation of the functions by it;
3) performs / ют other functions assigned by the Head of Department.
24. The documents sent on behalf of the Head of Department to other structural divisions of Committee on questions, entering competence of Department are signed by the Head of Department, and in case of absence - replacement his face.
25. The department can have on the right of operational management the isolated property in cases, stipulated by the legislation the Republic of Kazakhstan.
The property of Department is created at the expense of the property given it by the owner and also the property (including cash incomes) acquired as a result of own activities and other sources which are not prohibited by the legislation of the Republic of Kazakhstan.
26. The property assigned to Department belongs to republican property.
27. The department has no right to alienate independently or to dispose otherwise of the property assigned to it and the property acquired at the expense of the funds allocated to it according to the plan of financing if other is not established by the legislation.
28. Reorganization and liquidation of Department are performed according to the legislation of the Republic of Kazakhstan.
Appendix 2
to the Order of the acting minister on investments and development of the Republic of Kazakhstan of November 1, 2014 No. 118
1. Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan on the city of Almaty" (further - Department) is the territorial subdivision of republican public institution "Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan" (further - Committee) performing realizable, control and supervising functions, ensuring the state control in the field of energy saving and increase in energy efficiency, ensuring the state control and supervision in the field of industrial safety (further - regulated spheres).
2. The department performs the activities according to the Constitution of the Republic of Kazakhstan and the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, and also this Provision.
3. The department is legal entity in form of business of republican public institution, has seals and stamps with the name in state language, forms of the established sample, and also according to the legislation of the Republic of Kazakhstan of the account in bodies of treasury.
4. The department enters the civil relations from own name.
5. The department has the right to act as the party of the civil relations on behalf of Committee if he is authorized on it according to the legislation of the Republic of Kazakhstan.
6. The department concerning the competence of the procedure established by the legislation of the Republic of Kazakhstan makes the decisions which are drawn up by orders of the head of Department and other acts, stipulated by the legislation the Republic of Kazakhstan.
7. The structure and limit of the number of staff of Department affirms according to the current legislation of the Republic of Kazakhstan.
8. Legal address of Department: Republic of Kazakhstan, index 050046, city of Almaty, avenue of Abay, house 191.
9. Full name of Department - Republican public institution "Department of Committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan on the city of Almaty".
10. This Provision is the constituent document of Department.
11. Financing of activities of Department is performed at the expense of means of the republican budget.
12. The department is forbidden to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Department.
In case of provision by legal acts of the Republic of Kazakhstan to Department of the rights on implementation of activities, revenue-producing, income gained from such activities goes to the income of the republican budget.
13. Mission of Department:
implementation of realizable and control and supervising functions in regulated spheres.
14. Tasks of Department:
1) participation in forming and realization of state policy in regulated spheres;
2) the prevention of harmful effects of the dangerous production factors arising in case of accidents, incidents on hazardous production facilities;
3) ensuring the state control and supervision in regulated spheres.
15. Functions of Department:
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The document ceased to be valid since June 21, 2019 according to Item 1 of the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of May 17, 2019 No. 311