of January 27, 2017 No. 34
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" (No. registered in the Register of state registration of regulatory legal acts 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" (No. registered in the Register of state registration of regulatory legal acts 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 – 8 (eight) 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 or to the State corporation:
1) for receipt of subsidies for actually made amounts of original seeds the request for receipt of subsidies for cost recovery on production of original seeds in form, according to appendix 3 to this standard of the state service;
2) for receipt of subsidies for actually acquired original seeds the request for receipt of subsidies for the acquired original seeds in form, according to appendix 4 to this standard of the state service;
3) for receipt of subsidies for the self-produced original seeds which are actually used for crops if the elite and seed-growing economy (further – элитсемхоз) is at the same time producer of original seeds (further – originator), the request for receipt of subsidies for the self-produced original seeds used for crops in form, according to appendix 5 to this standard of the state service;
4) for receipt of subsidies for actually acquired elite seeds the request for receipt of subsidies for the acquired elite seeds in form, according to appendix 6 to this standard of the state service;
5) for receipt of subsidies for the self-produced elite seeds which are actually used for crops if the seed-growing economy (further – семхоз) is at the same time elitsemkhozy, the request for receipt of subsidies for the self-produced elite seeds used for crops in form, according to appendix 7 to this standard of the state service;
6) for receipt of subsidies for actually acquired seeds of the first reproduction of oil-bearing crops, long-term and one-year herbs, barley, rice, potatoes and cotton (further – seeds of the first reproduction) the request for receipt of subsidies for the acquired seeds of the first reproduction in form, according to appendix 8 to this standard of the state service;
7) for receipt of subsidies for actually acquired seeds of hybrids of the first generation of corn, sugar beet, colza, sunflower and cotton (further – seeds of hybrids of the first generation) the request for receipt of subsidies for the acquired seeds of hybrids of the first generation in form, according to appendix 9 to this standard of the state service;
8) for receipt of subsidies for actually acquired elite saplings of fruit and berry cultures and grapes (further – elite saplings) the request for receipt of subsidies for the acquired elite saplings of fruit and berry cultures and grapes in form, according to appendix 10 to this standard of the state service;
9) for receipt of receivable subsidies for the acquired elite seeds or seeds of the first reproduction and hybrids of the first generation (in case of provision of the right of receipt of subsidies to elitsemkhoz or semkhoz) 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 11 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 request about 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.";
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 12 to this standard of the state service.";
3, of 4, of 5, of 6, of 7, of 8, of 9, of 10, of 11, 12 to the specified standard of the state service to be reworded as follows appendices according to, to appendices 2, of 3, of 4, of 5, of 6, of 7, of 8, of 9, of 10, 11 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 from the date of state registration of this order the direction it the copy in printing and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;
3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;
4) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan.
3. This order becomes effective after ten calendar days after day of its first official publication.
The deputy prime minister of the Republic of Kazakhstan is the Minister of Agriculture of the Republic of Kazakhstan
A. Myrzakhmetov
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It is approved Minister of Finance of the Republic of Kazakhstan January 30, 2017 |
______________ B. Sultanov |
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It is approved Minister of information and communications of the Republic of Kazakhstan "" ___________ 2017 |
_______________ D. Abayev |
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It is approved Minister of national economy of the Republic of Kazakhstan January 31, 2017 |
______________ T. Suleymenov |
to the Order of the Deputy of Premyerministr of the Republic of Kazakhstan – the Minister of Agriculture of the Republic of Kazakhstan of January 27, 2017 No. 34
Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan of December 12, 2014 No. 4-2/664
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 priority procedure seeds of the grades and hybrids having the best indicators on productivity and other economic and valuable signs are subsidized (information on characteristics of grades and hybrids is posted on the website: http://www.mgov.kz).
1) partial cost recovery of producers of original seeds (further – originator) for actually made amounts of original seeds;
2) partial cost recovery of elite and seed-growing farms (further – элитсемхоз) for actually acquired original seeds;
3) partial cost recovery of elitsemkhoz for the self-produced original seeds which are actually used for crops if элитсемхоз is at the same time originatory. At the same time partial cost recovery is made to elitsemkhoz taking into account scientifically based requirement of original seeds for providing planned production volume of elite seeds;
4) partial cost recovery of seed-growing farms (further – семхоз) and agricultural producers (further – agricultural producers) for actually acquired elite seeds;
5) partial cost recovery of semkhoz for the self-produced elite seeds which are actually used for crops if семхоз is at the same time elitsemkhozy. At the same time partial cost recovery is made to semkhoz taking into account scientifically based requirement of elite seeds for providing planned production volume of seeds of the first reproduction;
6) partial cost recovery of agricultural producers for actually acquired seeds of the first reproduction of oil-bearing crops, long-term and one-year herbs, barley, rice, potatoes and cotton (further – seeds of the first reproduction);
7) partial cost recovery of agricultural producers for actually acquired hybrids of the first generation of corn, sugar beet, colza, sunflower and cotton (further – seeds of hybrids of the first generation);
8) partial cost recovery of agricultural producers for actually acquired elite saplings of fruit and berry cultures and grapes (further – elite saplings).
4. Subsidies are provided on condition of availability on the right of land use and (or) private property of the parcels of land of agricultural purpose of the respective area sowed by the seeds which are subject to subsidizing (in total).
5. The subsidies specified in the subitem 1) of Item 3 of these rules are paid when giving by originator 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) requests for receipt of subsidies for cost recovery on production of original seeds in form, according to appendix 1 to these rules.
6. The subsidies specified in the subitem 2) of Item 3 of these rules are paid when giving elitsemkhozy in department or in the State corporation of the request for receipt of subsidies for the acquired original seeds in form, according to appendix 2 to these rules.
7. The subsidies specified in the subitem 3) of Item 3 of these rules are paid when giving elitsemkhozy in department or in the State corporation of the request for receipt of subsidies for the self-produced original seeds used for crops in form, according to appendix 3 to these rules.
8. The subsidies specified in the subitem 4) of Item 3 of these rules are paid when giving semkhozy or agricultural producer in department or in the State corporation of the request for receipt of subsidies for the acquired elite seeds in form, according to appendix 4 to these rules.
9. The subsidies specified in the subitem 5) of Item 3 of these rules are paid when giving semkhozy in department or in the State corporation of the request for receipt of subsidies for the self-produced elite seeds used for crops in form, according to appendix 5 to these rules.
10. The subsidies specified in the subitem 6) of Item 3 of these rules are paid when giving by agricultural producer in department or in the State corporation of the request for receipt of subsidies for the acquired seeds of the first reproduction in form, according to appendix 6 to these rules.
11. The subsidies specified in the subitem 7) of Item 3 of these rules are paid when giving by agricultural producer in department or in the State corporation of the request for receipt of subsidies for the acquired seeds of hybrids of the first generation in form, according to appendix 7 to these rules.
12. The subsidies specified in the subitem 8) of Item 3 of these rules are paid when giving by agricultural producer in department or in the State corporation of the request for receipt of subsidies for the acquired elite saplings of fruit and berry cultures and grapes in form, according to appendix 8 to these rules.
13. The agricultural producer can submit the application about payment of the subsidies which are due to him through элитсемхоз or семхоз at which he acquired at the reduced the price cost elite seeds, seeds of the first reproduction and hybrids of the first generation or elite saplings in form, according to appendix 9 to these rules. In that case subsidies are paid to elitsemkhoz or semkhoz which represents to department or to the State corporation the summary request created based on the applications of agricultural producers submitted through элитсемхоз or семхоз in form according to appendix 10 to these rules.
14. Elitsemkhoza, semkhoza and agricultural producers acquire the original and elite seeds, seeds of the first reproduction and hybrids of the first generation which are subject to subsidizing (further – seeds), and elite saplings respectively at originator, elitsemkhoz, semkhoz, implementors of seeds, the foreign companies and their official representatives in the Republic of Kazakhstan.
15. The subsidies specified in subitems 1), 2), 3), 4), 5) and 8) of Item 3 of these rules are paid in the limits set by local executive body of area of quotas.
16. Payment of subsidies is performed depending on inclusion (non-inclusion) of grade or hybrid in the State register of the selection achievements recommended for use in the Republic of Kazakhstan, the No. 434 approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of July 30, 2009 (registered in the Register of state registration of regulatory legal acts No. 5759) (further – the State registry). At the same time subsidies shall not exceed standard rates of subsidies for the seeds and elite saplings of fruit and berry cultures and grapes (further – standard rates of subsidies) specified in appendix 11 to these rules.
Standard rates of subsidies are established from calculation:
1) 70% of all-in cost of seeds and elite saplings – for the grades included in the State registry;
2) 30% of all-in cost of seeds and elite saplings – for grades, disconnect in the State registry.
If the cost of seeds and elite saplings is lower than the cost from which the standard rate of subsidies is calculated, calculation of subsidies is made from their actual cost taking into account the sizes of subsidies, the specified in paragraphs three and the fourth this Item.
If the cost of seeds and elite saplings is higher than the cost from which the standard rate of subsidies is calculated, the subsidy is equal to the standard rate of subsidies.
17. The department provides the publication on Internet resource of akimat of the area (the city of regional value) and in local mass media of the announcement of the beginning of order taking for participation in the program of subsidizing with indication of documents acceptance terms on receipt of subsidies.
18. The department within three working days from the moment of representation by the applicant (originatory, elitsemkhozy, semkhozy, agricultural producer) or the State corporation of the corresponding request for receipt of subsidies checks them regarding compliance to the forms specified in Items 5, of 6, of 7, of 8, of 9, of 10, of 11, of 12 both 13 these rules, and completeness of their filling.
In case of provision of the right of receipt of subsidies to elitsemkhoz or semkhoz the department constitutes the register of elitsemkhoz and semkhoz through which applications about payment of receivable subsidies in form are submitted, according to appendix 12 to these rules, and sends it to Deraptment of Agriculture of area (further – management of area).
19. Department within two working days after the end of verification of the request:
in case of the positive decision in provision of subsidy to the applicant – includes it in the list of the approved requests about payment of receivable subsidies in form, according to appendix 13 to these rules;
in case of the negative decision – in writing notifies the applicant or the State corporation with indication of the refusal basis in issue of subsidies and constitutes the list of applicants on whom the negative decision in provision of subsidies, with indication of the refusal basis in issue of subsidies, in forms, according to appendix 14, 15 to these rules is made;
sends to management of area the list of the approved requests about payment of receivable subsidies and the list of applicants on whom the negative decision in provision of subsidies is made.
20. Management of area within three working days after receipt of the list of the approved requests about payment of receivable subsidies represents to territorial subdivision of treasury the account register for payment and (or) the account for payment for transfer of receivable subsidies for the account of the applicant.
At the same time management of area checks the facts of independent giving by agricultural producer of the request for subsidizing of seeds or elite saplings, and giving by the same agricultural producer of the request through элитсемхоз or семхоз.
In case of identification of the facts of giving by agricultural producer of the request about payment of receivable subsidies management of area refuses to elitsemkhoz or semkhoz through which the application of agricultural producer is submitted. In this case the agricultural producer pays extra to elitsemkhoz or semkhoz difference between market value of seeds or elite saplings and the amount paid with him.
In case of availability of the facts of realization of elitsemkhozama or semkhozama of seeds or elite saplings to the agricultural producers of other area who submitted requests about payment of receivable subsidies to the specified elitsemkhoza or semkhoza, management of area in the territory of which are элитсемхоз or семхоз constitutes the summary register of the elitsemkhoz and semkhoz which realized seeds or elite saplings to agricultural producers of other area on payment of subsidies for form, according to appendix 16 to these rules, and sends it to management of area in the territory of which acreage of agricultural producers, for the purpose of non-admission of payment of subsidies to these agricultural producers are located.
21. The bases for refusal in issue of subsidies are:
1) establishment of unauthenticity of the documents submitted by originator, elitsemkhozy, semkhozy or agricultural producer for receipt of the subsidies, and (or) these (data) containing in them;
2) discrepancy provided supplied and the information necessary for receipt of subsidies, to the requirements established by these rules;
3) if concerning originator, the elitsemkhoza, semkhoz or agricultural producer is available the decision (sentence) of court on prohibition of activities or the separate types of activity requiring receipt of subsidies which took legal effect;
4) if concerning originator, the elitsemkhoza, semkhoz or agricultural producer is available the judgment which took legal effect based on which the originator, элитсемхоз, семхоз or agricultural producer is deprived of the special right connected with receipt of subsidies.
22. In case of complete development of the budgetary funds provided in the local budget for the corresponding financial year and lack of additional resources order taking stops.
23. Management of area represents to the Ministry of Agriculture of the Republic of Kazakhstan following the results of the first half of the year no later than July 10 in time, and following the results of year no later than January 20 of the year following for reporting, summary information on the provided subsidies by receivers of subsidies.
Summary information on the provided subsidies for development of seed farming is placed on Internet resource of local executive body of area in form, according to appendix 17 to these rules, once a year, no later than December 31 of the corresponding year.
to Rules of subsidizing of development of seed farming
Form
Department of agricultural industry
______________________ area
(cities of regional value)
The request for receipt of subsidies for cost recovery on production of original seeds
_______________________________________________________________________________,
(name of originator)
________________________________________________________________________________
on behalf of the head (or his representative by proxy) _________________________
________________________________________________________________________________
(surname, name, middle name (in the presence in the identity document), position)
acting on the basis of the ________________________________________________________
(constituent document)
asks to pay subsidies for cost recovery on production present
original seeds (further – seeds) _______________________________________________
_______________________________________________________________________________
(crop, grade)
in quantity ____________ tons.
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Data source * |
Necessary data |
Data | |
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2 |
3 |
4 | |
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The certificate ** or the certificate of state registration (re-registration) – for the legal entity |
BIN *** |
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registration number |
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registration date |
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name |
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location |
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date of state registration |
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by whom it is issued |
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The identity document – for physical person |
document number, proving the identity |
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IIN *** |
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by whom it is issued |
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date of issue |
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The identification and (or) title document on the parcel of land |
number of the act |
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cadastral number |
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area of everything, hectare |
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including arable lands, hectare |
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purpose |
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number and date of issue of the identification document by whom it is issued |
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name of the owner of the parcel of land or land user |
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Certificate of bank of the second level or National operator of mail of availability of the current account |
IIN/BIN *** |
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Kbe *** |
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bank details or National operator of mail: |
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BIC *** |
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IIK *** |
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BIN *** |
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Kbe *** |
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Act of approbation of crops |
number |
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date of creation |
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culture, grade (hybrid), reproduction |
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The document ceased to be valid since June 9, 2020 according to Item 1 of the Order of the Minister of Agriculture of the Republic of Kazakhstan of May 25, 2020 No. 181