Unofficial translation

      In accordance with subparagraph 10) of Article 6 of the Law of the Republic of Kazakhstan "On the Use of Nuclear Energy" and subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On State Services" I hereby ORDER to:

      1. Approve the attached Rules for accreditation of organizations conducting examination of nuclear safety and (or) radiation safety, and (or) nuclear security.

      2. The Committee for Atomic and Energy Supervision and Control of the Ministry of Energy of the Republic of Kazakhstan, in the manner prescribed by the legislation of the Republic of Kazakhstan shall:

      1) ensure the 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, send a copy hereof to the official publication in periodicals and to the legal information system "Adilet", 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 in the State Register of Normative Legal Acts of the Republic of Kazakhstan and Reference Control Bank of Regulatory Legal Acts;

      3) ensure placement of this order on the official Internet resource of the Ministry of Energy of the Republic of Kazakhstan and the intranet portal of government bodies;

      4) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submit to the Department of Legal Services of the Ministry of Energy of the Republic of Kazakhstan the information on the implementation of measures provided for in subparagraphs 2) and 3) of this paragraph.

      3. Control over the execution of this order shall be assigned to the supervising Vice Minister of Energy of the Republic of Kazakhstan.

      4. This order shall come into effect upon expiry of twenty one calendar days after the day of its first official publication.

      3. Control over the execution of this order shall be assigned to the supervising Vice Minister of Energy of the Republic of Kazakhstan.

      4. This order shall come into effect upon expiry of twenty one calendar days after the day of its first official publication.

      “AGREED”
Minister for Investment and
Development of the
Republic of Kazakhstan
_______________А.Issekeshev
February 11, 2016

      “AGREED”
Minister of National Economy of
the Republic of Kazakhstan
________________Ye. Dossayev
February 27, 2016

Rules for accreditation of organizations conducting examination of nuclear safety and (or) radiation safety, and (or) nuclear security

      Footnote. The Rules as amended by Order No. 144 of the Minister of Energy of the Republic of Kazakhstan dated 22.04.2021 (shall be enforced sixty calendar days after the date of its first official publication).

Chapter 1. General provisions

      1. These Rules for accreditation of organizations conducting examination of nuclear safety and (or) radiation safety, and (or) nuclear security (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On State Services" (hereinafter referred to as Law on State Services), subparagraph 4) of paragraph 1 of Article 12 of the Law of the Republic of Kazakhstan “On Permits and Notifications”, subparagraph 10) of Article 6 of the Law of the Republic of Kazakhstan “On the Use of Nuclear Energy” (hereinafter referred to as the Law) and define the procedure for the provision of the public service “Accreditation of organizations conducting examination of nuclear safety and (or) radiation safety, and (or) nuclear security” (hereinafter referred to as the Public Service).

      2. The following concepts shall be used in these Rules:

      1) the authorized body in the use of nuclear energy - the central executive body exercising management in the use of nuclear energy;

      2) accreditation of organizations conducting examination of nuclear safety and (or) radiation safety, and (or) nuclear security - the procedure for official recognition by the authorized body in the nuclear energy use of the organization's competence to conduct examination of nuclear safety and (or) radiation safety, and (or) nuclear security.

      3. The authorized body in the use of nuclear energy (hereinafter referred to as the Service Provider) shall accredit the organizations that conduct examination of nuclear safety and (or) radiation safety, and (or) nuclear security and maintain a register of accredited organizations that conduct examination of nuclear safety and (or) radiation safety, and (or) nuclear security, which shall be posted on the Internet resource of the Service Provider, as well as its department.

      4. In accordance with paragraph 3 of Article 26 of the Law, an organization conducting examination of nuclear safety and (or) radiation safety, and (or) nuclear security is required to have:

      1) at least five years of practical experience in accreditation or activities directly related to the field of accreditation;

      2) qualified personnel capable of ensuring the performance of work in the relevant accreditation area;

      3) software and hardware and (or) calculation methodology for performing the declared types of work.

Chapter 2. Accreditation procedure of organizations conducting examination of nuclear safety and (or) radiation safety, and (or) nuclear security

      5. To receive the Public Service, the legal entity (hereinafter referred to as the Service Recipient) shall file the following documents through the e-government web portal www.egov.kz (hereinafter referred to as the Portal):

      electronic application in the form of Appendix 1 to these Rules;

      electronic copies of documents confirming at least five years of practical experience in accreditation area or activities directly related to accreditation area;

      electronic copies of documents confirming qualifications of the personnel in the relevant accreditation area (diplomas in the corresponding accreditation area, certificates, if available, credentials, licenses, confirming qualifications and completed theoretical and practical training in the relevant accreditation field);

      electronic copies of software and hardware tools and (or) calculation methods for performing the declared types of work.

      Software and hardware includes computer software enabling entering of the initial data and formulas to obtain the results required for substantiation of nuclear safety and (or) radiation safety, and (or) nuclear security.

      The Service Provider shall retrieve information about the state registration (re-registration) of a legal entity from the relevant state information systems through the e-government gateway.

      When the Service Recipient files all the required documents through the Portal - through the "personal account" of the Service Recipient, the status of acceptance of the request for the Public Service is displayed, indicating the date of the Public Service rendering result.

      The list of basic requirements for the Public Service rendering, including the characteristics of the process, the form, content and result of the rendering, as well as other information, given the specifics of the Public Service rendering, are provided in the standard of the public service "Accreditation of organizations conducting examination of nuclear safety and (or) radiation safety, and (or) nuclear security” in accordance with Appendix 2 to these Rules.

      6. On the day of the documents receipt, a clerk of the Service Provider's office shall accept, register and submit them for consideration to the Nuclear and Radiation Safety Department of the Service Provider.

      The responsible executor of the Nuclear and Radiation Safety Department of the Service Provider, within 2 (two) working days from the registration date of the Service Receiver’s application, shall check completeness and validity of the submitted documents.

      If the Service Receiver files an incomplete package of documents and (or) information necessary for the Public Service rendering in accordance with these Rules, the responsible executor of the Service Provider, within 2 (two) business days from the registration date of the Service Receiver's application, shall send a notification to the Service Receiver indicating the requirements that the package of documents and (or) information does not comply with in accordance with the form of Appendix 2-1 to these Rules.

      If within 3 (three) business days from the date of the notification receipt, the Service Receiver has not filed the package of documents and (or) information in accordance with the requirements, the Service Provider shall send a reasoned refusal to the Service Receiver's "personal account" to further consider the application, in the form of Appendix 3 to these Rules .

      If the Service Receiver files a complete package of documents and there are no expired documents, the responsible executor of the Nuclear and Radiation Safety Department of the Service Provider shall direct the package of documents to the Department of Nuclear Security and Technical Cooperation of the Service Provider within the period specified in part two of this paragraph to review them for compliance with the requirements of these Rules.

      Within 12 (twelve) working days, an employee of the Department of Nuclear Security and Technical Cooperation, and a responsible executor of nuclear and radiation security of the Service Provider, in turn, shall prepare conclusions on the compliance or non-compliance of the Service Receiver with the requirements of these Rules, after which they are directed for approval to the heads of these departments of the Service Provider.

      The responsible executor of the Nuclear and Radiation Safety Department of the Service Provider, on the basis of the submitted conclusions, within 3 (three) working days shall:

      if all the submitted opinions contain a conclusion on the conformity of the submitted documents, draw up a certificate of accreditation of the organization that conducts examination of nuclear safety and (or) radiation safety, and (or) nuclear security in the form of Appendix 4 to these Rules;

      prepare and send to the Service Recipient a reasoned refusal to render the Public Service in the form of Appendix 3 to these Rules, on the grounds provided for in paragraph 7 of these Rules.

      A reasoned denial of the Public Service, signed by the electronic digital signature of the head of the Service Provider, is sent through the Portal to the "personal account" of the Service Receiver in the form of Appendix 3 to these Rules.

      In accordance with Article 73 of the Administrative Procedural and Process-Related Code of the Republic of Kazakhstan, the Service Provider shall give the Service Receiver an opportunity to express his position (hearing) to a preliminary decision to refuse to issue a certificate of accreditation to the organization conducting examination of nuclear safety and (or) radiation safety, and (or) nuclear security, of which the Service Receiver shall be notified no later than 3 (three) working days before the decision is made.

      The hearing procedure shall be carried out in accordance with the Administrative Procedural and Process-Related Code of the Republic of Kazakhstan.

      Based on the examination results of the package of documents, the conclusion and the hearing result, the Service Provider shall make one of the following decisions:

      1) to issue a certificate of accreditation of the organization that conducts examination of nuclear safety and (or) radiation safety, and (or) nuclear security;

      2) to refuse to issue a certificate of accreditation to an organization that conducts examination of nuclear safety and (or) radiation safety, and (or) nuclear security.

      7. The public service shall be rejected on the following grounds:

      1) inaccurate information in the filed documents;

      2) non-compliance of the Service Recipient and (or) the submitted materials, objects, data and information necessary for the public service rendering with the requirements established by these Rules;

      3) non-compliance of the qualifications of the Service Receiver's personnel with the declared scope of accreditation;

      4) discrepancy between the calculation methods and software tools of the declared scope of accreditation;

      5) a court ruling on a ban on engaging in the declared type of activity.

      8. The Service Provider shall enter the data on the progress of the Public Service rendering into the information system for monitoring of public services rendering.

      When rendering the Public Service through the state information system of permits and notifications, data on the stage of Public Service rendering are automatically sent to the information system for monitoring the public services rendering.

Chapter 3. The procedure for appealing the accreditation results by organizations conducting examination of nuclear safety and (or) radiation safety, and (or) nuclear security

      9. Complaint about the Public Service provision shall be considered by a higher administrative body, an authorized body for assessing and monitoring the public services quality (hereinafter referred to as the body considering the complaint).

      The complaint shall be directed to the Service Provider, whose decision, action (inaction) is being appealed.

      The service provider, whose decision, action (inaction) is being appealed, does not send a complaint to the body considering the complaint, if it makes a decision within 3 (three) working days that satisfies the requirements specified in the complaint.

      When deciding to leave the complaint without satisfaction, the Service Provider, whose decision, action (inaction) is being appealed, no later than 3 (three) business days from the date of the received complaint, shall send it along with the administrative case to the body considering the complaint.

      The Service Receiver’s complaint, addressed to the Service Provider, in accordance with paragraph 2 of Article 25 of the Law on State Services is subject to consideration within 5 (five) working days from its registration date.

      The complaint of the Service Receiver that came to the authorized body for assessing and monitoring the quality of public services, in accordance with paragraph 2 of Article 25 of the Law on State Services, is subject to consideration within 15 (fifteen) working days from its registration date.

      10. In cases of disagreement with the Service Provider’s decision, the Service Receiver may apply to the court in accordance with subparagraph 6) of Article 4 of the Law on State Services.

Application

      We request the accreditation of

      ___________________________________________________________________________

      (name of the legal entity)

      for conducting

      ___________________________________________________________________________

      (types of work in accreditation area)

      on the type(s) of security ______________________________________________________

      The following documents are attached to the application:

      1._________________________________________________________________________

      2._________________________________________________________________________

      3._________________________________________________________________________

      4._________________________________________________________________________

      Head of the legal entity

      ________________________________________________________________ ________

      (full name, signature)

      Date "____" _____________ 20__

Standard of the Public Service
“Accreditation of organizations conducting examination of nuclear safety and (or) radiation safety, and (or) nuclear security”

Notification

      Footnote. The Rules have been supplemented by Appendix 2-1 by Order No. 282 of the Minister of Energy of the Republic of Kazakhstan dated 03.09.2021 (shall be enforced sixty calendar days after the date of its first official publication).

      Issued to _________________________________________________________________

      (full name of the Service Receiver)

      MO

      ________________________________________________________________________

      (full name of the Service Provider)

      after consideration of your request of [application date] year No.[ application number] informs

      that you need to provide the following documents in accordance with _______________________________________________________________________

      (indicate the structural unit)

      Rules for accreditation of the organizations, conducting examination of nuclear safety and (or) radiation safety, and (or) nuclear security, approved by Order No.45

      of the Minister of Energy of the Republic of Kazakhstan dated February 9, 2016

      (registered in the Register of State Registration of Regulatory Legal Acts

      under No.13538) within 2 (two) working days from this notification receipt

      through the Portal:

      1. ______________________________________________________________________

      2. ______________________________________________________________________

      3. ______________________________________________________________________

      If the above documents are not provided in the indicated time, we will send

      a motivated refusal to further consider the application.

      ________________________________________________________________________

      (position of the head of the Service Provider)

      ______________________________________________________________________

      (full name of the head of the Service Provider)

      Date and time of notification:

      "___" ________ 20__

      "__" hr. "__" min.

Certificate of accreditation of organization, conducting examination of
nuclear safety and (or) radiation safety, and (or) nuclear security

      In accordance with Article 26 of the Law of the Republic of Kazakhstan “On the Use of Nuclear Energy”

      ___________________________________________________________________________

      (name of the legal entity)

      is accredited to conduct

      ___________________________________________________________________________

      (type of works in accreditation scope)

      by type (s) of security ________________________________________________________

      __________________________________________________________________ using

      ___________________________________________________________________________

      (method (s) of calculations and (or) software and hardware tools)

      Certificate is valid until "___"___________ 20__

      Head of the authorized body in the use of nuclear energy

      or his deputy

      _________________________________________________________________ ________

      (full name, signature)

      Series ______No. _______________ Date of issue: