Unofficial translation

      In accordance with sub-clause 20) of article 6 of the Law of the Republic of Kazakhstan dated January 12, 2016 "On use of nuclear energy" I HEREBY ORDER:

      1. To approve the attached Rules for certification of personnel involved in nuclear facilities’ handling.

      2. To declare to be no longer in force the order of the Minister of Energy of the Republic of Kazakhstan dated February 12, 2015 no. 82 "On approval of the Rules for certification а personnel of the operating organization" (registered with the Register of State Registration of Regulatory Legal Acts as no. 10551, published on April 9, 2015 in "Adilet" Legal Information System).

      3. The Committee of Atomic and Energy Supervision and Control of the Ministry of Energy of the Republic of Kazakhstan in accordance with the procedure, established by the legislation of the Republic of Kazakhstan shall ensure:

      1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;

      2) within ten calendar days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan direction of its copy for official publication in the printed periodicals and "Adilet" Legal Information, as well as to the Republican State Enterprise on the Right of Economic Management "Republican Center of Legal Information" of the Ministry of Justice of the Republic of Kazakhstan for inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;

      3) placement of this order on the official Internet-resource of the Ministry of Energy of the Republic of Kazakhstan and the Intranet-portal of state bodies;

      4) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submission to the Department of Legal Service of the Ministry of Energy of the Republic of Kazakhstan of information about implementation of measures stipulated by sub-clauses 2) and 3) of this clause.

      4. Control over execution of this order shall be entrusted to the supervising vice-minister of energy of the Republic of Kazakhstan.

      5. This order shall come into force upon expiry of ten calendar days after the day of its first official publication.

      "AGREED"

      Minister of National Economy

      of the Republic of Kazakhstan

      _______________ Ye. Dossayev

      February 17, 2016

Rules for certification of personnel employed at nuclear facilities

      Footnote. The rules are as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated April 1, 2020 No. 121 (shall be enforced upon expiry of twenty-one calendar days after the day of its first official publication).

      Chapter 1. General Provisions

      1. These Rules for certification of personnel employed at nuclear facilities (hereinafter referred to as the Rules) are developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On Public Services”, subparagraph 4) of paragraph 1 of Article 12 of the Law of the Republic of Kazakhstan “On Permits and notifications”, subparagraph 20) of Article 6 of the Law of the Republic of Kazakhstan “On the Use of Atomic Energy” (hereinafter referred to as the Law) and determine the certification procedure for personnel employed at nuclear facilities.

      2. Personnel employed at nuclear facilities undergo certification in accordance with paragraph 1 of Article 21 of the Law in order to determine whether the level of their qualifications and professional training complies with the position held.

      Certification is carried out by the department of the authorized body in the field of the use of atomic energy (hereinafter referred to as the service provider).

      Foreign persons (non-residents) are certified on a general basis in accordance with these Rules.

      2-1. The service provider certifies:

      1) specialists whose job responsibilities include direct management of the installation, ensuring nuclear, radiation, nuclear security in the course of activities in the field of the use of atomic energy;

      2) personnel of a nuclear installation whose duties include control over nuclear, radiation and nuclear security, accounting and control of nuclear materials, sources of ionizing radiation, radioactive waste;

      3) personnel of a radiation, electrophysical installation, whose duties include monitoring radiation safety, accounting and control of sources of ionizing radiation.

      According to the second part of paragraph 3 of Article 21 of the Law, other personnel are certified by individuals and legal entities engaged in activities in the field of the use of atomic energy, in accordance with these Rules.

      3. Certification of personnel employed at nuclear facilities is divided into the following types:

      1) primary certification;

      2) periodic certification;

      3) extraordinary certification;

      4) recertification.

      4. Primary certification of personnel employed at nuclear facilities is carried out within one month after the appointment of the employee to the position.

      Periodic certification of personnel employed at nuclear facilities is carried out once every three years.

      Extraordinary certification of personnel employed at nuclear facilities is assigned in the following cases:

      1) the occurrence of incidents at nuclear facilities - in relation to the persons who allowed their occurrence;

      2) violation of the requirements of nuclear and (or) radiation and (or) nuclear security, accounting of nuclear materials, sources of ionizing radiation, identified as a result of inspections of the authorized body in the field of the use of atomic energy, in relation to the persons who committed the violation;

      3) by decision of an individual or legal entity carrying out activities in the field of the use of atomic energy.

      Re-certification is appointed in the event of a negative result following the results of the primary or periodic, or extraordinary certification.

      Individuals who have received a negative result based on the results of primary or periodic or extraordinary certification are subject to re-certification no more than once and no later than one month from the date of receipt of a negative result based on the results specified in part four of this paragraph.

      According to paragraph 6 of Article 21 of the Law, in cases where an employee has received a negative opinion based on the results of primary or periodic or extraordinary certification, the employee is suspended from work until the results of re-certification are received in accordance with the labor legislation of the Republic of Kazakhstan.

      5. The appointment of an extraordinary certification does not change the timing of the periodic certification.

      6. For certification, the order of the first head of the service provider approves the composition and regulation on the commission for the certification of personnel employed at nuclear facilities (hereinafter referred to as the commission).

      The commission includes the supervising deputy of the first head of the service provider, employees of the structural divisions of the service provider.

      To ensure transparency and objectivity during the certification at the interview stage, observers who do not have the right to vote are invited to the commission meeting. Representatives of public associations (non-governmental organizations), commercial organizations, political parties, employees of the authorized body for assessment and state control over the quality of public services are present as observers at the meeting of the commission.

      The number of members of the commission is odd and is not less than five people. The secretary is not a member of the commission and does not have the right to vote.

      A meeting of the commission is competent if there is a quorum of at least two-thirds of the composition of the commission.

      If a member of the commission has a conflict of interest, the member of the commission who has a conflict of interest shall notify in writing the other members of the commission about the conflict of interest prior to the interview.

      The remaining members of the commission, at the request of a member of the commission who has a conflict of interest, or upon receipt of information from other sources, take the following measures in a timely manner to prevent and resolve conflicts of interest:

      1) remove a member of the commission who has a conflict of interest from participating in the work of the commission. The decision to remove a member of the commission who has a conflict of interest is taken by the commission in writing by a majority vote of its members by open voting and is announced in the presence of the member of the commission who has a conflict of interest. In case of an equal number of votes, the vote of the chairman of the commission is decisive;

      2) within 1 (one) calendar day, the composition of the commission is reviewed in accordance with the order on the interchangeability of the composition of the commission.

      7. Certification is carried out by testing and interviews.

      The interview is conducted for the first head of a nuclear or radiation installation, his deputy for production (production and technical issues), the chief engineer of a nuclear or radiation installation, the head of the service (department, department, department) of nuclear and / or radiation safety, for the person responsible for monitoring on radiation safety.

      8. The list of test questions is developed and approved by the department of the authorized body in the field of the use of atomic energy and includes questions on knowledge of the norms and requirements of nuclear, radiation, nuclear security, as well as determining the ability to make decisions in the performance of work duties.

      Amendments and (or) additions to the approved list of test questions are made in case of changes in the current legislation of the Republic of Kazakhstan in terms of the norms and requirements of nuclear, radiation, nuclear security, as well as in case of revealing incorrectness in the wording of the questions.

      9. Categories of certified persons and test questions to them are determined depending on the job duties of the employee and the types of installations, devices, materials used in the work.

      The categories of certified persons, the number of questions, the threshold level of correct answers, which are the basis for recognizing the test as passed, as well as the testing time are determined by the testing indicators for personnel employed at nuclear facilities, in accordance with Appendix 1 to these Rules.

      10. During the interview, the members of the commission ask questions to the certified person in order to check the knowledge of the norms and requirements of nuclear, radiation, nuclear physical safety, as well as to determine the ability to make decisions in the performance of labor duties, depending on the types of installations, instruments, materials used in the work.

Chapter 2. Procedure for attestation of personnel employed at nuclear facilities

      11. To pass certification, the person being certified (hereinafter referred to as the service recipient) sends the service provider an application in electronic form in the form, in accordance with Appendix 2 to these Rules and electronic copies of the appointment order and job description of the service recipient (hereinafter referred to as documents) through the web portal of the "electronic government” www.egov.kz (hereinafter referred to as the portal).

      12. The list of basic requirements for the provision of the public service "Certification of personnel employed at nuclear facilities" (hereinafter referred to as the public service), including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of the public service, is given in state service standard "Certification of personnel employed at nuclear facilities" in accordance with Appendix 3 to these Rules.

      13. The service provider receives information about identity documents from the relevant state information systems through the “e-government gateway”.

      When the service recipient submits all the necessary documents, the status of acceptance of the application for the provision of public services is sent to the "personal account".

      14. On the day of receipt of documents, the Service Provider accepts and registers them.

      When the service recipient contacts after the end of working hours, on weekends and holidays, the acceptance of applications and the issuance of the results of the provision of public services is carried out on the next business day.

      15. An employee of the responsible structural unit of the service provider (hereinafter referred to as the employee of the service provider), within 2 (two) business days from the date of registration of the documents specified in paragraph 11 of these Rules, checks the completeness and validity of the submitted documents.

      When the service recipient submits an incomplete package of documents and (or) expired documents, the employee of the service provider, within the period specified in part one of this paragraph, prepares a reasoned refusal to further consider the application in the form, in accordance with Appendix 4 to these Rules.

      A reasoned refusal to further consider the application, signed by the electronic digital signature of the head of the service provider , is sent in the form of an electronic document to the "personal account" of the service recipient .

      16. When the service recipient submits a complete package of documents and there are no expired documents, the service provider ’s employee reviews them within 1 (one) working day, sends a notification about the date, time and place of testing, or a reasoned refusal to provide a public service in the form, according to Annex 4 to these Rules, for the following reasons:

      1) establishing the unreliability of the documents submitted by the service recipient for the receipt of the public service, and (or) the data (information) contained in them;

      2) non-compliance of the service recipient and (or) the submitted materials, data and information necessary for the provision of the public service with the requirements of these Rules;

      3) in relation to the service recipient there is a court decision (verdict) that has entered into legal force on the prohibition of activities or certain types of activities requiring the receipt of a certain public service;

      4) in relation to the service recipient there is a court decision that has entered into force, on the basis of which the service recipient is deprived of a special right related to the receipt of a public service.

      A reasoned refusal to provide a public service, signed by the electronic digital signature of the head of the service provider, is sent to the service recipient in the form of an electronic document, to the "personal account" of the service recipient.

      Certification is carried out within 8 (eight) business days from the date of registration of documents.

      The course of testing and interviews is recorded using technical means of recording.

      The materials recorded with the help of technical means of recording are kept by the secretary of the commission for 1 (one) year from the date of certification.

      Testing is carried out in places provided by the service provider and territorial structural divisions of the service provider, in an automated computer way in the state or Russian languages at the choice of the service recipient.

      The service recipient is allowed to be tested upon presentation of an identity document.

      During testing, service recipients do not talk to each other, do not use any auxiliary information materials (reference, special literature), means of communication and records on electronic media.

      If the secretary of the commission detects a violation of the procedure for passing the test, the test of the service recipient is terminated. On the fact of this violation, the secretary of the commission draws up an act on violation of the procedure for passing the test in the form, in accordance with Appendix 5 to these Rules, and the service recipient is issued a negative certification result.

      After the time allotted for testing, the program automatically closes.

      The calculation of the correct test answers is carried out automatically using the embedded computer program.

      If the number of correct answers is equal to or exceeds the threshold level, then the computer program on the monitor gives the service recipient a message about a positive test result - “test passed”.

      If the number of correct answers is below the threshold level, then the computer program on the monitor displays a message about a negative test result - “test failed” and the service recipient is not allowed to the interview.

      The interview is conducted in the form of a question-answer. The service recipient is asked 10 questions.

      The interview is considered passed if the service recipient correctly answered 7 or more questions.

      The interview is considered not passed if the service recipient correctly answered 6 or less questions.

      Based on the results of the interview, the commission makes one of the following decisions:

      1) corresponds to the level of qualification and professional training of the position held;

      2) does not correspond to the level of qualification and professional training of the position held.

      The decision of the commission is drawn up by the secretary of the commission in the form of the conclusion of the meeting of the commission for the certification of personnel employed at nuclear facilities, in the form, in accordance with Appendix 6 to these Rules.

      When the commission makes a decision on the compliance of the service recipient with the level of his qualifications and professional training of the position held and (or) a positive test result, the service provider sends the service recipient a certificate of attestation of personnel employed at nuclear facilities (hereinafter referred to as the certificate ) within 2 (two) working days , in the form, in accordance with Appendix 7 to these Rules, signed by the head of the service provider .

      When the commission makes a decision on the non-compliance of the service recipient with the level of his qualifications and professional training of the position held and (or) a negative test result, the service recipient is sent a conclusion of the commission within 2 (two) working days on the non-compliance of the service recipient with the level of his qualifications and professional training of the position held.

      If the service recipient did not appear for certification within the period specified in the notification of the service provider without a good reason, then this person is considered to have received a negative result of the certification and the commission decides on the non-compliance of the service recipient with the level of his qualifications and professional training of the position held.

      If you do not appear for certification within the period specified in the notification of the service provider for good reasons (illness, business trip, vacation, study at educational institutions) and if you send a notification of a valid reason and documentary confirmation from the service recipient , no later than 10 (ten) calendar days after the action of the circumstance that caused the missed deadline is terminated, the service recipient , on the basis of subparagraph 3) of paragraph 4 of these Rules, sends an application to the service provider for an extraordinary certification.

      A notification of a valid reason that has arisen is sent in any form by the service recipient to the service provider no later than 2 (two) working days from the date of the missed certification deadline.

      17. The total period for the provision of public services by the service provider is 10 (ten) business days from the date of receipt and registration of the application.

      18. The service provider ensures that data on the stage of provision of public services is entered into the information system for monitoring the provision of public services.

      When providing a public service through the state information system of permits and notifications, data on the stage of provision of a public service are automatically sent to the information system for monitoring the provision of public services.

      18-1. Certification of the personnel provided for in part three of clause 2-1 of these Rules employed at nuclear facilities is carried out at least once every three years.

      Persons hired, within one month after being appointed to the position, undergo certification organized by the employer on nuclear and (or) radiation safety issues. Employees who have not passed certification on nuclear and (or) radiation safety issues are not allowed to work.

      Certification of the personnel provided for in part three of clause 2-1 of these Rules employed at nuclear facilities is carried out by an examination commission created by the order of the employer, numbering at least three people, and consists of the chairman and members of the commission.

      The functioning of the examination committee is carried out on a permanent basis.

      The rules of work of the examination committee are established by the act of the employer.

Chapter 3. The procedure for appealing the results of attestation

      Footnote. Chapter 3 - as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated 21.01.2021 No. 21 (shall be enforced upon the expiry of twenty-one calendar days after the day of its first official publication).

      19. In case of disagreement with the results of testing or interview, the service recipient appeals their results on the day of passage by submitting an application for revising the results of testing or interview in the form, in accordance with Appendix 8 to these Rules.

      20. To consider an application for revising the results of testing or interviews, the order of the first head of the service provider approves the composition and regulation of the appeal commission for considering the application for revising the results of testing or interviews (hereinafter referred to as the appeals commission).

      The Appeal Commission consists of employees of structural divisions of the service provider who are not members of the Commission. The number of members of the Appeal Commission is odd and is not less than three people.

      If a member of the Appeal Commission has a conflict of interest, the member of the Appeal Commission who has a conflict of interest shall notify the other members of the Appeal Commission of the conflict of interest in writing before considering the application for revising the test results or interview.

      The remaining members of the Appeal Commission, at the request of a member of the Appeal Commission who has a conflict of interest, or upon receipt of information from other sources, take the following measures in a timely manner to prevent and resolve conflicts of interest:

      1) remove a member of the appeal commission, who has a conflict of interest, from participation in the work of the appeal commission. The decision to remove a member of the appeal commission who has a conflict of interest is taken by the appeal commission in writing by a majority vote of its members by open voting and is announced in the presence of the member of the appeal commission who has a conflict of interest. In case of an equal number of votes, the vote of the chairman of the appeal commission is decisive;

      2) within 1 (one) calendar day, the composition of the appeal commission is reviewed in accordance with the order on the interchangeability of the composition of the appeal commission.

      21. Consideration of an application for revising the results of a test or interview is carried out by the appeal commission within 3 (three) business days from the date of receipt of the application.

      The course of the meeting of the appeal commission is recorded with the help of technical means of recording.

      The materials recorded with the help of technical means of recording are kept by the secretary of the Appeal Commission for 1 (one) year from the date of the meeting of the Appeal Commission.

      22. Based on the results of consideration of the application for reviewing the results of testing or interviews, the appeal commission makes a decision, which is drawn up in the form of a protocol, in the form, in accordance with Appendix 9 to these Rules, and sent to the service recipient through the portal.

      23. A complaint against decisions, actions (inaction) of the service provider and (or) its officials on the provision of public services is submitted to the head of the service provider and (or) to the authorized body for assessing and monitoring the quality of the provision of public services in writing, orally, or in the form of an electronic document, videoconferencing, video message.

      When sending a complaint through the portal to the service recipient from the "personal account", information about the appeal is available, which is updated during the processing of the service recipient's appeal (remarks on delivery, registration, execution, response on consideration or refusal to consider the complaint).

      24. The complaint of the service recipient, received by the service provider, is subject to consideration within 5 (five) working days from the date of its registration in accordance with paragraph 2 of Article 25 of the Law on Public Services.

      The complaint of the service recipient, received by the authorized body for assessment and control over the quality of the provision of public services, is subject to consideration within 15 (fifteen) working days from the date of its registration.

      25. In case of disagreement with the results of the decision of the service provider the service recipient may appeal the results in court.

Testing indicators for personnel employed at nuclear facilities

      Footnote. Appendix 1 - as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated May 21, 2021 No. 175 (shall be enforced sixty calendar days after the day of its first official publication).

      The form

      ____________________________________
(name of the department of the authorized
body in the field of the use of atomic energy)
____________________________
(address)
from _________________________
(last name, first name, patronymic (if any)
____________________________
(citizenship)
____________________________
(individual identification number)
____________________________
(address, telephone, e-mail address)
____________________________
(job title )
____________________________
(type of activity carried out in the field
of the use of atomic energy)

Statement

      Footnote. Appendix 2 - as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated May 21, 2021 No. 175 (shall be enforced upon the expiry of sixty calendar days after the day of its first official publication).

      Please allow me to participate in the primary/periodic/repeated/extraordinary (underline as appropriate) certification of personnel employed at nuclear facilities.

      The following documents are attached to the application:

      1)________________________________________________________;

      2) ________________________________________________________.

      I hereby give my consent to the use of information constituting a legally protected secret contained in information systems.

      I confirm the accuracy of the information provided and am aware of the responsibility for providing false information in accordance with the legislation of the Republic of Kazakhstan.

      ___________________________________________________________ ____________

      (last name, first name, patronymic (if any)                                                       (signature)

State service standard "Certification of personnel employed at nuclear facilities"

      Footnote. Appendix 3 - as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated 21.01.2021 No. 21 (shall be enforced upon the expiry of twenty-one calendar days after the day of its first official publication).

      The form

      The form

The act of violation of the procedure for passing the test

      "____" __________ 20 __ years ____ hour ______ minutes.

      I, __________________________________________, have established the fact

                  (last name, first name, patronymic (if any))

      violation of paragraph 16 of the Rules for the attestation of personnel employed at

      nuclear facilities, approved by order of the Minister of Energy of the Republic of Kazakhstan dated January 20, 2016 No. 12 (registered in the Register of State Registration of Regulatory Legal Acts No. 13468), from ________________________________,                                           (last name, first name, patronymic (if any))

      which was expressed as follows:       __________________________________________________________________

                        (brief description of violation)

      Signature of the person who drew up the act: _____________________________________

      Acquainted with the act: ________________________________ _______________

                                                      (last name, first name, patronymic (if any) (signature)

      The form

Conclusion No. __ of the meeting of the commission for the certification of personnel employed at nuclear facilities

      city of Nur -Sultan "__" ______ 20___

      Commission for the certification of personnel employed at

      nuclear facilities, acting on the basis of the order dated "___" 20_____ No. ______,

      consisting of:       Chairman of the Commission: ______________________________________ __________

                                    (last name, first name, patronymic (if any) (signature)

      Members of the commission: _____________________________________________ ____________

                                                                        (last name, first name, patronymic (if any) (signature)

      considering the result of the certification,

      DECIDED: __________________________________________________________

                                                (last name, first name, patronymic (if any))

      corresponds / does not correspond to the level of qualification and professional training of the position held.

      The form

Certificate of attestation of personnel employed at nuclear facilities

      This certificate is issued

      _______________________________________________________________

                  (last name, first name, patronymic (if any), position)

      _______________________________________________________________

      that he (a) by the decision of the commission for certification of personnel employed

      at nuclear facilities of the Committee for Atomic and Energy Supervision and Control of the Ministry of Energy of the Republic of Kazakhstan corresponds to the level of qualification and professional training of the position held.       The certificate is valid until: ______________________________

                  ( date indicated)

      Registration number No. ___________

      Date of issue: _______________________

      Head (authorized person)

      _______________________________             ________

      (last name, first name, patronymic (if any)) signature)

      The form

To the leadership of the department of the authorized body in the field of the use of atomic energy

      from _________________________

            ( last name, first name, patronymic

                              (if any))

      ____________________________

                              (job title)

Application for review of test or interview results

      I ask you to review the results of the test or interview

      from ________________ within the framework of the conducted ________________________________

                  (date)                               ( primary, periodic, extraordinary)

      certification, due to the fact that _______________________________________________

      ________________________________________________________________________

      Applicant's signature: _______________

      Date of application: "___" ____________ 20__

      The form

      the management of the department in the
field of the use of atomic energy dated
_________________________
( last name, first name, patronymic
(if any) ____________________________
(position)

Application for review of test or interview results

      Footnote. Appendix 9 - as amended by the order of the Minister of Energy of the Republic of Kazakhstan dated May 21, 2021 No. 175 (shall be enforced sixty calendar days after the day of its first official publication).

      I ask you to review the results of testing or interview from

      _ _______________ as part of the ________________________________

            (date)

      ____________________________________________________________________

      (primary, periodic, repeated, extraordinary)

      attestation, due to the fact that _________________________________________________

      __________________________________________________________________________

      ____________________________________________________________________

      Applicant's signature: _______________

      Date of application: "___" ____________ 20__

      The form

Protocol №

      Footnote. The rules are supplemented by Appendix 10 in accordance with the order of the Minister of Energy of the Republic of Kazakhstan dated May 21, 2021 No. 175 (shall be enforced upon the expiry of sixty calendar days after the day of its first official publication).

      city of Nur -Sultan "___" ______ 20___

      Appeal Commission, consisting of:

      Chairman of the Commission: __________________________________ _________

                              ( last name, first name, patronymic (if any) (signature)

      Members of the Commission: _____________________________________________ _________

                              ( last name, first name, patronymic (if any) (signature)

      reviewing the results of testing or interview

      ________________________________________________________________________

                        (last name, first name, patronymic (if any),

      individual identification number, position)

      ____________________________________________________________________________

                  (place of work (full name of the organization) of the applicant) who

      passed _____________________________________________________ attestation

                        (primary, periodic, repeated, extraordinary)

      "__" __________ 20__

      Installed:

      correct answers:_ _______________________

      wrong answers: ______________________

      the threshold level for this category of personnel is: _____________

      The Board of Appeal made one of the following decisions:

      1) leave the result of passing the test or interview unchanged (“test failed” or “interview failed”);

      2) recognize the result of passing the test or interview as positive (“test passed” or “interview passed”)