ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of March 16, 2017 No. 196

About modification and amendments in the order of the Minister of Internal Affairs of the Republic of Kazakhstan of April 24, 2015 No. 395 "About approval of standards of the state services in spheres of turnover of civil and office weapon and cartridges to it, civil pyrotechnic substances and products with their application, explosive materials"

According to Item 1 of article 10 of the Law of the Republic of Kazakhstan "About the state services" of April 15, 2013 I ORDER:

1. Bring in the order of the Minister of Internal Affairs of the Republic of Kazakhstan of April 24, 2015 No. 395 "About approval of standards of the state services in spheres of turnover of civil and office weapon and cartridges to it, civil pyrotechnic substances and products with their application, explosive materials" (it is registered in the Register of state registration of regulatory legal acts No. 11211, published in information system of law of Ad_let of August 5, 2015) the following changes and amendments:

to state heading of the order in the following edition:

"About approval of standards of the state services in spheres of turnover of civil and office weapon and cartridges to it, civil pyrotechnic substances and products with their application";

subitems 1), of Item 1 to state 2) in the following edition:

"1) the standard of the state service "Licensing for Implementation of Activities for Development, Production, Repair, Trade, Collecting, Exhibiting of Civil and Office Weapon and Cartridges to It", according to appendix 1 to this order;";

"2) the standard of the state service "Licensing for Implementation of Activities for Development, Production, Trade, Use of Civil Pyrotechnic Substances and Products with Their Application", according to appendix 2 to this order;";

6) of Item 1 to exclude the subitem;

7) of Item 1 to state the subitem in the following edition:

"7) the standard of the state service "Issue of Permission to Acquisition, Storage of Civil Pyrotechnic Substances and Products with Their Application", according to appendix 7 to this order;";

1) in the standard of the state service "Licensing for Implementation of Activities for Development, Production, Repair, Trade, Collecting, Exhibiting and Acquisition of Civil and Office Weapon and Cartridges to It" approved by the specified order:

to state heading of the standard in the following edition:

"Standard of the state service "Licensing for Implementation of Activities for Development, Production, Repair, Trade, Collecting, Exhibiting of Civil and Office Weapon and Cartridges to It";

state Item 1 in the following edition:

"1. The state service "Licensing for Implementation of Activities for Development, Production, Repair, Trade, Collecting, Exhibiting of Civil and Office Weapon and Cartridges to It" (further – the state service).";

to state part one of Item 6 in the following edition:

"6. Result of rendering the state service – the license and (or) appendix to the license, renewal, the duplicate of the license and (or) appendix to license for activities on development, production, repair, trade, collecting, exhibiting of civil and office weapon and cartridges to it or the motivated answer about refusal in rendering the state service electronically in cases and on the bases, stipulated in Item 10 these standards.";

on the fifty ninth the subitem 1) of Item 9 to exclude the paragraph of the forty sixth;

forty four on the fifty seventh the subitem 2) of Item 9 to exclude the paragraph;

2) of Item 9 to state the paragraph of the fifty eighth of the subitem in the following edition:

"form of data to the license for activities for development, production, repair, trade, collecting and exhibiting of civil and office weapon and cartridges to it according to appendix 3 to this standard of the state service;";

the sixty eighth and sixty ninth the subitem 2) of Item 9 to state the paragraph in the following edition:

"The data of identity documents, about license for activities on development or production or trade or collecting or exhibiting of civil and office weapon and cartridges to it, security activities, collection of money, about state registration of the legal entity, individual entrepreneur, about the documents confirming the property right to technological base, specialized workshop, specially equipped rooms for storage, realization of weapon and cartridges to it, hunting gunpowder, rooms for storage of collection weapon, the rooms equipped with the security alarm system with the locked show-windows, safes or metal cases, about lack of criminal record, administrative offenses the service provider receives from the corresponding state information systems through "lock" of the electronic government.

Check of compliance of the room for storage of weapon to requirements of Item 7, 9 Rules of traffic in weapons and cartridges to it in the Republic of Kazakhstan approved by the order of the Government of the Republic of Kazakhstan of August 3, 2000 No. 1176 (further – the Resolution 1176) in the order of storage, safety and accounting of weapon and cartridges to it, and also on accounting of law-enforcement bodies and (or) homeland security through fight against extremism, terrorism or organized crime is performed by the service provider after filing of application.";

state Item 10 in the following edition:

"10. 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) occupation type of activity is forbidden by the laws of the Republic of Kazakhstan for this category of physical persons or legal entities;

3) not introduction of the license fee for the occupation right separate types of activity, in case of filing of application on licensing by sight activities;

4) not compliance of uslugopoluchatel to qualification requirements;

5) the court verdict which took legal effect prohibiting to uslugopoluchatel to be engaged in separate type of activity;

6) if earlier the license and (or) appendix to the license were renewed on other legal entity from among the legal persons licensees who again resulted from separation;

Will lock 7) to uslugopoluchatel court based on representation of the legal executive to obtain licenses;

8) impossibility to provide production safety conditions, accounting and safety of weapon or failure to provide of these conditions;

9) representation by uslugopoluchatel of the documents which are not conforming to requirements of Item 9 of this standard of the state service;

10) absence at uslugopoluchatel:

permanent residence;

proper conditions for storage of weapon;

the medical certificate about lack of contraindications to ownership of weapon;

supporting document passing of check of knowledge of rules of safe handling of weapon;

11) voluntary refusal of permission or death of the owner of weapon;

12) availability not extinguished or not removed in the procedure for criminal record established by the law for crime execution;

13) release from criminal liability on not rehabilitating bases before the expiration of lower limit of the custodial sanction prescribed by the corresponding part of Article of the Special part of the Criminal Code of Kazakhstan;

14) making repeatedly within year of the administrative offense provided by Articles 127, of 128, of 131, of 382, of 434, 437,438, 440, of 443, of 444, of 448, of 450, of 453, of 462, of 476, of 477, of 478, of 481, of 482, of 484, of 485, 485-1, 486, of 487, of 489, of 490, of 492, of 493, 506 Codes of the Republic of Kazakhstan about administrative offenses

15) making of the criminal offense provided by Articles 109, 287 (part one), 288 (part four), 289, 296 (part one), 337 (parts one and the second), 346 (part one), 379 (part one), 389 (parts one and the second) the Criminal Code of Kazakhstan and the administrative offense provided by Articles 73, of 436, 453 and 461 Codes of the Republic of Kazakhstan about administrative offenses;

16) not passings an examination for examination of rules of safe handling of weapon within two months from the date of receipt of the resolution on the direction of the owner or the user of civil and office weapon on examination of rules of safe handling of weapon;

17) emergence of circumstances, stipulated by the legislation the Republic of Kazakhstan, the permissions excluding possibility of obtaining;

18) the constructive alteration by the owner of civil or office weapon which entailed change of ballistic and other technical characteristics of the specified weapon;

19) discrepancies of civil and office weapon to technical regulations in the field of turnover of civil and office weapon and cartridges to it, and also criminalistic requirements;

20) if person stays on the registry of law-enforcement bodies and (or) homeland security through fight against extremism, terrorism or organized crime;

21) discrepancy of uslugopoluchatel and (or) the provided materials, objects, supplied and the information necessary for rendering the state service, to the requirements established by Qualification requirements and the list of the documents confirming compliance to them for implementation of activities for development, production, repair, trade, collecting, exhibiting of civil and office weapon and the cartridges to it approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of January 8, 2015 No. 5 (it is registered in the Register of state registration of regulatory legal acts No. 10352);

22) 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;

23) 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.";

in appendix 1 to the standard of the state service "Licensing for Implementation of Activities for Development, Production, Repair, Trade, Collecting, Exhibiting and Acquisition of Civil and Office Weapon and Cartridges to It" to state the right upper corner in the following edition:

"Appendix 1

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