ORDER OF THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of May 16, 2016 No. 218

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

I ORDER:

1. Bring the following changes in some orders of the Minister of Agriculture of the Republic of Kazakhstan:

1) in the order of the Minister of Agriculture of the Republic of Kazakhstan of December 12, 2014 No. 4-2/664 "About approval of Rules of subsidizing of development of seed farming" (registered in the Register of state registration of regulatory legal acts at No. 10190, published on April 1, 2015 in information system of law of Ad_let):

The rules of subsidizing of development of seed farming approved by the specified order to be reworded as follows, according to appendix 1 to this order;

2) in the order of the Minister of Agriculture of the Republic of Kazakhstan of May 6, 2015 No. 4-2/419 "About approval of the standard of the state service "Seed Farming Development Subsidizing" (registered in the Register of state registration of regulatory legal acts at No. 11455, published on July 23, 2015 in information system of law of Ad_let):

in the standard of the state service "Seed Farming Development Subsidizing" approved by the specified order:

1) of item 4 to state the subitem in the following edition:

"1) from the moment of delivery of documents to the service provider, in the State corporation - 6 (six) working days.

In case of the appeal to the State corporation day of acceptance does not enter rendering the state service in time;";

state Item 9 in the following edition:

"9. Uslugopoluchatel, (or his representative by proxy) represents to the service provider and to the State corporation:

1) for receipt of subsidies for the acquired subsidized seeds - till July 30 of the corresponding year - on summer cultures,

till September 1 of the corresponding year - on long-term herbs, till November 10 of the corresponding year - on winter crops:

the request for receipt of subsidies for cost recovery on acquisition of subsidized seeds in form, according to appendix 3 to this standard of the state service. In case of purchase of subsidized seeds of cotton, stripping

which it is made by chemical method, for receipt of subsidies

in the request information from contracts for side job of seeds of cotton by chemical method, and also acts of the performed works on chemical method of stripping of seeds of cotton in addition is specified;

2) for receipt of receivable subsidies for the acquired subsidized seeds (in case of provision of the right of receipt of subsidies elite seed-growing or to seed-growing economy) till July 30 of the corresponding year - on summer cultures, till September 1 of the corresponding year - on long-term herbs, till November 10 of the corresponding year - on winter crops:

the request about payment of receivable subsidies in form, according to appendix 4 to this standard of the state service;

the summary request created based on requests of the agricultural producers (further - agricultural producer) given through elite and seed-growing or seed-growing economy (in case of submission of several requests), in form, according to appendix 5 to this standard of the state service;

3) for receipt of subsidies for the self-produced seeds used for crops - till July 30 of the corresponding year - on summer cultures, till September 1 of the corresponding year - on long-term herbs, till November 10 of the corresponding year - on winter crops:

the request for receipt of subsidies for the used subsidized seeds in form, according to appendix 6 to this standard of the state service;

4) for receipt of subsidies for production of elite saplings of fruit and berry cultures and grapes - till July 30 of the corresponding year:

the request for receipt of subsidies for partial reduction in cost of elite saplings of fruit and berry cultures and grapes in form, according to appendix 7 to this standard of the state service,

with application of a copy of the summary register on amounts of the actual realization of elite saplings of fruit and berry cultures and grapes in form, according to appendix 8 to this standard of the state service. The employee of the State corporation and the service provider receives data on the identity document of uslugopoluchatel, on registration of the legal entity from the corresponding state information systems through lock of "the electronic government".

Reclamation from uslugopoluchatel of documents which can be received from information systems is not allowed. The service provider and the employee of the State corporation receive the consent of uslugopoluchatel to use of the data which are the secret protected by the law, containing in information systems when rendering the state services if other is not stipulated by the legislation the Republic of Kazakhstan.

In case of delivery by uslugopoluchatel of all necessary documents confirmation of adoption of the request:

1) to the service provider - the mark in the copy of its statement for registration in office of the service provider with indication of date, time of acceptance of document package, surname, name, middle name (on paper is in case of its availability) the responsible person who accepted documents;

2) in the State corporation - the receipt on acceptance of the relevant documents is issued to uslugopoluchatel;

In the State corporation issue of ready documents to uslugopoluchatel is performed by his worker based on the receipt, in case of presentation of the identity document (or his representative under the notarial power of attorney, the legal entity - according to the document confirming powers).

The state corporation provides storage of result within one month then transfers them to the service provider for further storage. In case of the address of uslugopoluchatel after one month, at the request of the State corporation the service provider within one working day sends ready documents to the State corporation for issue to uslugopoluchatel.";

add with Item 9-1 of the following content:

"9-1. The bases for refusal in rendering the state service are:

1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them;

2) discrepancy provided supplied and the information necessary for rendering the state service, to the requirements established by regulatory legal acts of the Republic of Kazakhstan;

3) concerning uslugopoluchatel there is decision (sentence) of court on prohibition of activities or the separate types of activity requiring receipt of certain state service which took legal effect;

4) concerning uslugopoluchatel there is judgment which took legal effect based on which the uslugopoluchatel is deprived of the special right connected with receipt of the state service.";

state Item 10 in the following edition:

"10. In case of representation by uslugopoluchatel of incomplete document package, according to the list, stipulated in Item 9 these standards of the state service, the employee of the State corporation refuses acceptance of the request and issues the receipt on refusal in documents acceptance in form, according to appendix 9 to this standard of the state service.";

3, of 4, of 5, of 6, of 7, of 8, of 9, of 10, of 11, of 12, 13 to the specified standard of the state service to exclude appendices;

add with appendices 3, of 4, of 5, of 6, of 7, 8 and 9 according to appendices 2, of 3, of 4, of 5, of 6, 7 and 8 to this order.

2. To provide to department of production and conversion of crop products 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) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and in information system of law of Ad_let, and also within five working days in the Republican state company "Republican Center of Legal Information" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan and the intranet portal of state bodies.

3. This order becomes effective after day of its first official publication.

It is approved Minister of Finance of the Republic of Kazakhstan June 21, 2016

______________ B. Sultanov

It is approved Minister of national economy of the Republic of Kazakhstan June 29, 2016

______________ K. Bishimbayev

Appendix 1

to the Order of the Minister of Agriculture of the Republic of Kazakhstan of May 16, 2016 No. 218

Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of December 12, 2014 No. 4-2/664

Rules of subsidizing of development of seed farming

Chapter 1. General provisions

1. These rules of subsidizing of development of seed farming (further - Rules) determine procedure for subsidizing of development of seed farming for the account and within the means provided in the local budget for the corresponding financial year (further - subsidies).

2. In these rules the following concepts are used:

1) subsidized seeds - seeds is not lower than the first reproduction (for cotton - not below the second reproduction) and seeds of hybrids of the first generation which were acquired by agricultural producers or are used by elite and seed-growing and seed-growing farms for production of seeds;

2) seeds of hybrids of the first generation - seeds of the plants received from crossing of genetically differing parent forms and exceeding owing to heterosis the best parent form on productivity or other indicators.

3. Regulations and marginal prices of acquisition (use) of subsidized seeds and realization of elite saplings of fruit and berry cultures and grapes (further - elite saplings) are developed in form, according to appendix 1 to these rules, and with appendix of calculations for areas (the cities of regional value) by the cultures, documents confirming the developed market prices of the corresponding types of seeds and elite saplings are in duplicate provided for consideration in the Ministry of Agriculture of the Republic of Kazakhstan (further - the Ministry) by the cover letter signed by the akim of area, in case of its absence - signed by person fulfilling its duties.

At the same time regulations of acquisition (use) of subsidized seeds shall not differ more than twice (in the big or smaller party) from recommended regulations of acquisition (use) of the subsidized seeds specified in appendix 2 to these rules.

In case of positive result the Ministry returns the corresponding cover letter one copy of regulations and marginal prices of acquisition (use) of subsidized seeds and realization of elite saplings.

In case of negative result the Ministry in writing returns both copies of regulations and marginal prices of acquisition (use) of subsidized seeds and realization of elite saplings with motivated refusal in approval.

Regulations and marginal prices of acquisition (use) of subsidized seeds and realization of elite saplings affirm the resolution of local executive body of area (further - the resolution) and have termless character.

Modification and (or) amendments in regulations and marginal prices of acquisition (use) of subsidized seeds and realization of elite saplings is performed according to the procedure, provided by parts one - heel of this Item.

4. In case of excess of amounts of the declared subsidies over the amounts provided in the local budget according to the appropriate budget program, additional resources from the local budget are allocated by modification of the decision of maslikhat on the approval of the corresponding local budget according to the procedure established by the budget legislation of the Republic of Kazakhstan.

Chapter 2. Receivers of subsidies and condition of receipt of subsidies

5. Subsidies intend for partial cost recovery:

1) on acquisition of subsidized seeds agricultural producers (further - agricultural producers), not being elite and seed-growing or seed-growing farms. At the same time agricultural producers acquire subsidized seeds at elite and seed-growing and seed-growing farms, implementors of seeds, the foreign companies and their official representatives in the Republic of Kazakhstan;

2) on use of subsidized seeds by elite and seed-growing and self-produced seed-growing farms;

3) on production of elite saplings by elite and seed-growing farms.

6. The subsidies specified in the subitem 1) of Item 5 of these rules are paid in case of observance of the following conditions:

1) giving by agricultural producer in department of agricultural industry of the area or city of regional value (further - department) or in non-commercial joint-stock company "The Government for Citizens state corporation (further - the State corporation) till July 30 of the corresponding year - on summer cultures, till September 1 of the corresponding year - on long-term herbs, till November 10 of the corresponding year - on winter crops, requests for receipt of subsidies for cost recovery on acquisition of subsidized seeds in form, according to appendix 3 to these rules.

At the same time the agricultural producers who bought subsidized seeds of cotton which stripping is made by chemical method for receipt of subsidies in the request in addition specify information from contracts for side job of seeds of cotton by chemical method, and also acts of the performed works on chemical method of stripping of seeds of cotton;

2) acquisition in the corresponding year of seeds in the amounts meeting standards of acquisition (use) of subsidized seeds.

The agricultural producer can submit the application about payment of the subsidies which are due to him through elite and seed-growing or seed-growing economy at which he acquired seeds at the reduced the price cost, in form, according to appendix 4 to these rules. In that case subsidies are paid elite seed-growing or to seed-growing economy which represents to department or to the State corporation the summary request created based on the applications of agricultural producers submitted through elite and seed-growing or seed-growing economy in form according to appendix 5 to these rules;

3) availability at agricultural producer of the parcels of land of agricultural purpose on the right of land use and (or) private property corresponding площади*.

Note: * subsidized area of crops (in total).

7. The subsidies specified in the subitem 2) of Item 5 of these rules are paid in case of observance of the following conditions:

1) giving by elite and seed-growing or seed-growing economy in department or in the State corporation till July 30 of the corresponding year - on summer cultures, till September 1 of the corresponding year - on long-term herbs, till November 10 of the corresponding year - on winter crops of the request for receipt of subsidies for the used subsidized seeds in form, according to appendix 6 to these rules;

2) use of seeds in the corresponding year in amounts not below regulations of acquisition (use) of subsidized seeds.

8. The subsidies specified in the subitem 3) of Item 5 of these rules are paid when giving by elite and seed-growing economy in department or in the State corporation till July 30 of the corresponding year of the request for receipt of subsidies for partial reduction in cost of elite saplings in form, according to appendix 7 to these rules, with application of a copy of the summary register on amounts of the actual realization of elite saplings in form, according to appendix 8 to these rules.

Chapter 3. Procedure of payments of subsidies

9. The subsidies specified in subitems 1) and 2) of Item 5 of these rules are calculated within regulations of acquisition (use) of the subsidized seeds approved by the resolution of the relevant local executive body of area according to Item 3 of these rules.

10. Subsidies are calculated, proceeding from the declared cultures, on the following formulas:

1) for the these rules specified in the subitem 1) of Item 5

With = H1 x Pl x (C x To);

2) for the these rules specified in the subitem 2) of Item 5

With = H1 x Pl x (H2 x K);

where:

With - the amount of receivable subsidies, tenge for kilogram;

H1 - the regulation of acquisition (use) of subsidized seeds approved by the resolution, kilogram on hectare;

Пл - the area under the declared culture, hectare;

C - the actual price of acquisition of subsidized seeds, tenge for kilogram;

To - the coefficient equal to 0,7 (it is applied to requests of agricultural producers which acquired (used) seeds of the grades included in the State register of the selection achievements recommended for use in the Republic of Kazakhstan) or 0,3 (it is applied to requests of agricultural producers which acquired (used) seeds of the grades which are not included in the State register of the selection achievements recommended for use in the Republic of Kazakhstan);

H2 - the ceiling price for 1 kilogram of subsidized seeds approved by the resolution, tenge for kilogram.

If C> H2, that to C is equal to H2.

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