On approval of the Rules for the public service provision by the Border Service of the National Security Committee of the Republic of Kazakhstan

Order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated April 20, 2020 № 26/қе. Registered with the Ministry of Justice of the Republic of Kazakhstan on April 23, 2020 № 20461

      Unofficial translation

      In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On Public Services," I hereby ORDER:

      Footnote. Preamble - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      1. Approve:

      1) Rules for the public service provision "Issuance of permission to multiple crossing the State border of the Republic of Kazakhstan by Kazakhstani vessels for conducting fishing activities in territorial waters (sea), inland waters and on the continental shelf" in accordance with Annex 1 to this order;

      2) Rules for the public service provision "Issuance of a pass for entry and stay in the border strip" in accordance with Annex 2 to this order;

      3) Rules for the public service provision "Issuance of a pass to enter the territorial waters (sea) and inland waters of the Republic of Kazakhstan of Kazakhstani small self-propelled and non-self-propelled (surface and underwater) vessels (means) and vehicles on ice" in accordance with Annex 3 to this order.

      2. The Border Guard Service of the National Security Committee of the Republic of Kazakhstan, in accordance with the procedure established by the Law, shall ensure:

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

      2) place this order on the official Internet resource of the National Security Committee of the Republic of Kazakhstan and the Border Service of the National Security Committee of the Republic of Kazakhstan.

      3. To invalidate some orders of the Chairman of the National Security Committee of the Republic of Kazakhstan in accordance with Annex 4 to this order.

      4. Control over the execution of this order shall be entrusted to the Deputy Chairman of the National Security Committee of the Republic of Kazakhstan - Director of the Border Service Dilmanov Darkhan Aitkalievich.

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

      Chairman of
the National Security Committee
of the Republic of Kazakhstan       K. Massimov

      APPROVED
Ministry of Digital
development, innovation
and aerospace industry
of the Republic of Kazakhstan
___________________

  Annex to the order
dated April 20, 2020 № 26/қе
Annex 1 to the order of the
Chairman of the National
Security Committee
of the Republic of Kazakhstan
dated April 20, 2020 № 26/қе

Rules for the public service provision "Issuing a permission for multiple crossing of the state border of the Republic of Kazakhstan by Kazakhstani vessels for conducting fishing activities in territorial waters (sea), inland waters and on the continental shelf" Chapter 1. General provisions

      1. These Rules for the public service provision has been developed in accordance with subparagraph 1) of the Article 10 of the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the Law) and shall establish the procedure for the public service provision "Issuance of permission to multiple crossing the state border of the Republic of Kazakhstan by Kazakhstani vessels for conducting fishing activities in territorial waters (sea), inland waters and on the continental shelf" (hereinafter referred to as the public service).

      Footnote. Paragraph 1 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      2. The state service shall be provided by the territorial subdivisions of the Border Service of the National Security Committee of the Republic of Kazakhstan (hereinafter referred to as the service provider) to individuals and legal entities of the Republic of Kazakhstan, as well as foreign citizens, stateless persons receiving public services (hereinafter referred to as the service recipient).

      Footnote. Paragraph 2 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

Chapter 2. Procedure for the public service provision

      3. To receive a public service, the service recipient shall submit to the service provider an application for issuing (extending) a permission to multiple crossing the State border of the Republic of Kazakhstan (hereinafter referred to as the application) in the form in accordance with Annex 1 to these Rules in electronic format to the electronic government web-portal (hereinafter referred to as the web portal), certified by means of an electronic digital signature (hereinafter referred to as the EDS) of the service recipient.

      The application on the web portal shall be accompanied by documents required for the public service provision in accordance with paragraph 8 of the List of Basic Requirements for the public service provision (hereinafter referred to as the List) specified in Annex 2 to these Rules.

      When the service recipient submits all the necessary documents to the web portal, the status of accepting the request for the public service provision shall be displayed in the "personal account" of the service recipient, indicating the date and time of issuance of the result.

      Footnote. Paragraph 3 – as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      4. On the day of receipt of the application with the documents attached to it (hereinafter referred to as the package of documents) in accordance with the service provider's work schedule provided for in paragraph 7 of the List, an employee of the service provider's office shall accept, register and submit them for consideration to the head of the service provider's subdivision, who shall determine the responsible employee of the service provider's subdivision (hereinafter referred to as the executor) and shall send him for execution.

      Footnote. Paragraph 4 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      5. If the service recipient submits an incomplete package of documents in accordance with the list provided for by the by-law governing the procedure for the public service provision and (or) documents with an expired validity period, the service provider shall refuse to accept the application.

      Footnote. Paragraph 5 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      5-1. If the service recipient submits unreliable documents or a package of documents containing non-compliance of the service recipient and (or) the submitted materials, objects, data and information necessary for the public service provision of, the requirements established by the regulatory legal acts of the Republic of Kazakhstan, if there is a negative response of the authorized state body to the request for approval, which shall be required for the public service provision, as well as a negative conclusion of an examination, study or inspection or a decision that has entered into legal force (sentence) of the court in relation to the service recipient on the prohibition of activities or certain types of activities, requiring the receipt of a certain public service, deprivation of a special right related to the receipt of public service, lack of consent of the service recipient provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On personal data and their protection," access to restricted personal data required for the public service provision, within two working days, the executor shall send a notice of refusal to issue to the "personal account" of the service recipient on the web portal (extension) of permission to multiple crossing the State border of the Republic of Kazakhstan (hereinafter referred to as the refusal) in the form of an electronic document certified by the EDS of the authorized person of the service provider.

      Footnote. Rules as added by the Paragraph 5-1 in accordance with the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      6. If the package of documents is complete, the Contractor shall review them for compliance with the requirements of these Rules within nine working days and shall determine the need for multiple crossing of the State Border of the Republic of Kazakhstan by a Kazakhstani vessel during the conduct of fishing activities, if the area specified in the application (areas) of fishing is located within the territorial waters (sea), inland waters of the Republic of Kazakhstan, and within three working days forms a permit to multiply cross the State border of the Republic of Kazakhstan (hereinafter referred to as the permission), or a notification of refusal.

      In the event of an extension or receipt of a second permission to use the wildlife, the executor, with a positive decision, within one working day shall make a change to extend the validity period directly to the previously issued permission.

      Footnote. Paragraph 6 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      7. The generated permission in accordance with Annex 3 to these Rules, or a notification of refusal to provide a public service in accordance with Annex 4 to these Rules, shall be sent by the contractor to the "personal account" of the service recipient on the web portal in the form of an electronic document certified by the EDS of the authorized person of the service provider.

      Footnote. Paragraph 7 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      8. The service provider shall ensure the entry of data into the information system for monitoring the public service provision on the stage of the public service provision in the procedure established by the authorized body in the field of informatization, in accordance with subparagraph 11) of Annex 2 of Article 5 of the Law.

      9. When providing public services through the state information system of permission and notifications, data on the stage of its provision shall be automatically sent to the information system for monitoring the public service provision.

      9-1. Information on the procedure for the public service provision, as well as introduction of amendments and (or) additions to these Rules shall be sent to the Unified Contact Centre within three working days, according to subparagraph 13) Article 10, subparagraph 3) of Article 14 and paragraph 2 of Article 23 of the Law of the Republic of Kazakhstan "On public services," as well as territorial subdivisions and the operator of the information and communication infrastructure of the "electronic government," which shall receive applications and issues the results of the public service provision.

      Footnote. Rules as added by the Paragraph 9-1 in accordance with the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

Chapter 3. Procedure for appealing decisions, actions (inactions) of service providers and (or) their officials regarding the public service provision

      10. A complaint about the decision, actions (inactions) of the service provider regarding the public service provision may be submitted to the head of the service provider, to the authorized body for assessment and control over the quality of public services, in accordance with the Administrative Procedure Code and the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to the body considering the complaint).

      Footnote. Paragraph 10 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      11. The complaint of the service recipient, received by the service provider directly providing the state service, in accordance with paragraph 2 of Article 25 of the Law, shall be subject to consideration within five working days from the date of its registration.

      When contacting through the portal, information on the appeal procedure can be obtained by calling a unified contact centre on the public service provision.

      Pre-trial consideration of the complaint on the public service provision shall be carried out by the higher authority considering the complaint.

      A complaint shall be filed with the service provider, whose decision, actions (inaction) shall be appealed.

      The service provider, whose decision, actions (inactions) shall be appealed, no later than three working days from the date of receipt of the complaint shall send it and the administrative case to the higher authority considering the complaint.

      At the same time, the service provider, whose decision, actions (inactions) shall be appealed, has the right not to send a complaint to the higher authority considering the complaint, if he accepts a favourable administrative act within three working days, shall perform an administrative action that shall fully satisfy the requirements specified in the complaint.

      Unless otherwise provided by the Law, an appeal to the court shall be allowed after a pre-trial appeal.

      Footnote. Paragraph 11 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      12. The complaint of the service recipient received by the authorized body for assessment and control over the quality of public services shall be subject to consideration within fifteen working days from the date of its registration.

  Annex 1
to the Rules of public service
"Permission issue
to multiple crossing of state
borders of the Republic of Kazakhstan
by Kazakhstani vessels
for fishing activities
in territorial
waters (sea) inland waters
and on the continental shelf”
  Form

Application for multiple crossing permission (extension)
of the State border of the Republic of Kazakhstan

      Footnote. Annex 1 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      To whom ________________________________________________________________

      (name of the territorial subdivision of the Border Guard Service)

      From whom______________________________________________________________

      (full name of the legal entity with indication of its legal address or

      surname, name, patronymic (if any) of an individual entrepreneur, his address)

      I hereby ask you to consider the application for obtaining (renewal) permission

      to multiple crossing the state border of the Republic of Kazakhstan

      in the ________________________________________________________________ area

      (specify fishing area)

      without transhipment of fishing products (facilities) to foreign vessels, and

      to Kazakhstani vessels in respect of which border control has been carried out,

      in the case of field activities whose purpose shall be to deliver

      products (facilities) of fishing for the sale or production of fishing and other

      products in the Republic of Kazakhstan.

      Information on vessels declared for obtaining permission for multiple

      crossing of the State border of the Republic of Kazakhstan, given

      on ______ sheets.

      __________________________________________________________________________

      (signature of the head of the legal entity or individual entrepreneur)

      "___" _________ __ 20.

Information on the application for a Kazakhstani vessel applied for a permission
to multiple crossing the state border of the Republic of Kazakhstan

      1. Name of the vessel _____________________________________________

      2. Type of vessel _________________________________________________

      3. Vessel’s hull number ____________________________________________

      4. Sea port (base point) of vessel registration ___________________________

      5. Information on registration of the vessel of the Republic of Kazakhstan:

      ________________________________________________________________

      6. Number, place, date of obtaining permission to use the wildlife and its duration

      ________________________________________________________________

      7. Name of the legal entity, its legal address or surname,

      name, patronymic (if any) of an individual entrepreneur,

      its address _______________________________________________________

      8. Name and address of the vessel’s owner ______________________________

      9. Name and address of the quota holder ________________________________

      10. Surname, name, patronymic (if any) of the captain (owner) of the vessel,

      its address ________________________________________________________

      11. Type of technical means of control _________________________________

      12. Fishing area (s) ____________________

      13. Estimated coordinates and deadlines for crossing the State

      borders of the Republic of Kazakhstan when traveling to the fishing area

      _______________________________________________________________

      Sea port (basing point) of the Republic of Kazakhstan

      In the fishing grounds and at the port of call for the delivery and unloading of products (facilities)

      fishing _________________________________________________________

      _______________________________________________________________

      (signature of the head of the legal entity or individual entrepreneur)

      "___" _________ __ 20.

  Annex 2
to the Rules of public service
"Permission issue
to multiple crossing of state
borders of the Republic of Kazakhstan
by Kazakhstani vessels
for fishing activities
in territorial
waters (sea) inland waters
and on the continental shelf”
  Form

List of basic requirements for the public service provision "Issuing a permission for multiple crossing of the State Border of the Republic of Kazakhstan by Kazakhstani vvessels for conducting fishing activities in territorial waters (sea), inland waters and on the continental shelf"

      Footnote. Annex 2 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

Name of the public service "Issuance of permission to multiple crossing the State border of the Republic of Kazakhstan by Kazakhstani vessels for conducting fishing activities in territorial waters (sea), inland waters and on the continental shelf"

1

Name of service provider

Territorial subdivisions of the Border Guard Service of the NSC.

2

Methods of public service provision

Through the web portal of "e-government."

3

Term of public service provision

Upon issuance of a permission to multiple crossing the State border of the Republic of Kazakhstan - 15 (fifteen) working days;
Upon extension or re-obtaining permission to multiple crossing the State border of the Republic of Kazakhstan - three (3) working days.

4

Form of provision

Electronic (partially automated).

5

Result of public service provision

Permission to multiple cross the State border of the Republic of Kazakhstan or notification of refusal to provide public services.

6

The amount of fees charged from the service recipient in the public service provision, and methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

Free of charge.

7

Schedule of the service provider

1) web portal: around the clock, with the exception of breaks associated with technical work (when the service recipient applies after the end of working hours, on weekends and holidays, in accordance with the labour legislation of the Republic of Kazakhstan, the public service provision shall be carried out the next working day);
2) service providers: from Monday to Saturday (Monday - Friday from 9-00 to 18-00, with a lunch break from 13-00 to 15-00, on Saturday from 9-00 to 13-00), except weekends (Sunday) and holidays, according to the labour legislation of the Republic of Kazakhstan.
Addresses of places of public services shall be posted on:
1) Internet resource of the Border Service: gov.egov.kz/memleket/entitis/shekaraknb;
2) on the web portal.

8

List of documents required for the public service provision

To obtain permission:
1) an application for a permission with the addition of a vessel's role drawn up by the captain (owner) of the Kazakhstani vessel;
2) an electronic copy of the certificate of ownership of the Kazakhstani vessel or a copy of the lease agreement of the Kazakhstani vessel (for sea vessels);
3) an electronic copy of the certificate of the right to sail under the State flag of the Republic of Kazakhstan (for sea vessels);
4) an electronic copy of the permission to use the wildlife;
5) electronic copies of work permission for foreigners and stateless persons;
6) an electronic copy of the vessel's certificate (for vessels registered in the State ship register of the Republic of Kazakhstan);
7) information on identity documents, state registration (re-registration of a legal entity) shall be provided to the service provider from the relevant state information systems through the "electronic government" gateway.
To renew or re-obtain permission:
1) an application for the issuance (extension) of a permission with the addition of a vessel's role drawn up by the captain (owner) of a Kazakhstani vessel;
2) an electronic copy of the permission to use the wildlife.

9

Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan

1) the absence of the necessity for multiple crossing of the State border of the Republic of Kazakhstan by a Kazakhstani vessel when conducting fishing activities, if the fishing area (s) specified in the application is within the territorial waters (sea), inland waters of the Republic of Kazakhstan;
2) determination of the inaccuracy of the documents submitted by the service recipient to receive the state service, and (or) the data (information) contained in them;
3) non-compliance of the service recipient and (or) submitted materials, objects, data and information necessary for the public service provision with the requirements established by regulatory legal acts of the Republic of Kazakhstan;
4) negative response of the authorized state body to the request for approval, which shall be required for the public service provision, as well as a negative conclusion of examination, research or verification;
5) in relation to the service recipient there shall be a court decision (verdict) that has entered into legal force on the prohibition of activities or some types of activities requiring the receipt of some public service;
6) in relation to the service recipient there shall be a court decision that has entered into legal force, on the basis of which the service recipient shall be deprived of a special right related to obtaining a public service;
7) the lack of consent of the service recipient provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On personal data and their protection" to access personal data of limited access that shall be required for the public service provision.
 

10

Other requirements taking into account the specifics of the public service provision

To receive a public service through a web portal, an electronic digital signature shall be required.
The service recipient shall receive information on the procedure and status of the public service provision in the remote access mode through a unified contact centre for the public service provision.
Contact numbers of the service provider for the public service provision: 8 (7172) 71-91-07, 71-92-07, 71-93-07, 71-94-07, 71-95-07, a unified contact centre for the public service provision: 1414.

  Annex 3
to the Rules of public service
"Permission issue
to multiple crossing of state
borders of the Republic of Kazakhstan
by Kazakhstani vessels
for fishing activities
in territorial
waters (sea) inland waters
and on the continental shelf”
  Form

Number ______ №___________ Authorisation for multiple crossings of the state border of the Republic of Kazakhstan

      Footnote. Annex 3 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      1. Name of the legal entity, its legal address or surname, name,

      patronymic (if any) of an individual entrepreneur, his address

      _____________________________________________________________________

      2. Name and address of the owner of the vessel _______________________________

      3. Name of the vessel ___________________________________________________

      4. Type of vessel _______________________________________________________

      5. Vessel’s hull number __________________________________________________

      6. Sea port (base point) of vessel registration ____________________

      7. Surname, name, patronymic (if any) of the vessel’s captain, his address

      _____________________________________________________________________

      8. Type of technical means of control ______________________________________

      9. Information on registration of the vessel in the registers of vessels of the Republic of Kazakhstan

      _____________________________________________________________________

      10. Validity of the permission ____________________________________________

      11. Marine fishing area (s) _______________________________________________

      12. List of seaports (basing points) of the Republic of Kazakhstan

      for entry and unloading of products (facilities) of marine industry

      _____________________________________________________________________

      _____________________________________________________________________

      (signature of the head of the territorial subdivision of the Border Guard Service)

      "___" _________ __ 20.

      Reverse side of the sheet

      Special marks

      1. Date of permission suspension ___________________________________________

      2. Reasons for the suspension of the permission _______________________________

      ______________________________________________________________________

      3. Date of renewal of the permission ________________________________________

      Permission revocation mark

      1. Date of cancellation of the permission ____________________________________

      2. Reasons for cancellation of the permission _________________________________

      _____________________________________________________________________

      _____________________________________________________________________

      _____________________________________________________________________

      Marks of the territorial subdivision of the Border Guard Service
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________

  Annex 4
to the Rules of public service
"Permission issue
to multiple crossing of state
borders of the Republic of Kazakhstan
by Kazakhstani vessels
for fishing activities
in territorial
waters (sea) inland waters
and on the continental shelf”
  Form

Notification of refusal to issue (extend) permission to multiple crossing the State border of the Republic of Kazakhstan

      Footnote. Annex 4 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      1. Name of the legal entity, its legal address or surname, name,

      patronymic (if any) of an individual entrepreneur, his address

      _____________________________________________________________________

      2. Name and address of the vessel owner ____________________________________

      3. Name of the vessel ____________________________________________________

      4. Type of vessel _______________________________________________________

      5. Vessel 's hull number _________________________________________________

      6. Sea port (base point) of vessel registration _________________________________

      7. Surname, name, patronymic (if any) of the vessel 's captain, his address

      ______________________________________________________________________

      8. Reason for refusal to issue (extend) permission for multiple crossing

      State border of the Republic of Kazakhstan

      ______________________________________________________________________

      (signature of the head of the territorial subdivision of the Border Guard Service)

      "___" _________ __ 20.

  Annex 2 to the order
of the Chairman of the National Security Committee
of the Republic of Kazakhstan
dated April 20, 2020 № 26/қе

Rules for the public service provision "Issuance of a pass for entry and stay in the border strip" Chapter 1. General provisions

      1. These Rules for the public service provision have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the Law) and shall establish the procedure for the public service provision "Issuing of a pass for entry and stay in the border strip" (hereinafter referred to as the public service).

      Footnote. Paragraph 1 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      2. The public service shall be provided by the territorial subdivisions of the Border Service of the National Security Committee of the Republic of Kazakhstan (hereinafter referred to as the service provider) to individuals and legal entities of the Republic of Kazakhstan, as well as foreign citizens, stateless persons receiving state services (hereinafter referred to as the service recipient).

      Footnote. Paragraph 2 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

Chapter 2. Procedure for the public service provision

      3. To obtain a public service, the service recipient shall submit to the service provider in electronic format through the web-portal of the "electronic government" (hereinafter referred to as the web portal), certified by means of an electronic digital signature (hereinafter referred to as the EDS) of the service recipient:

      an individual - application for a pass in accordance with Annex 1 to these Rules;

      individuals and legal entities - submission for obtaining a pass for economic, fishing or other activities, conducting socio-political, cultural or other events in the border strip, in which information on the nature, place, participants, time of work or events shall be indicated, used fishing and other vessels, transport and other technical means, and, if necessary, the place and time of crossing the state border, if this is stipulated in international treaties of the Republic of Kazakhstan with a neighbouring state, in the form in accordance with Annex 2 to these Rules.

      Documents required for the public service provision in accordance with Paragraph 8 of the List of basic requirements for the public service provision of (hereinafter referred to as the List) specified in Annex 3 to these Rules shall be attached to the presentation on the web portal in electronic format.

      When the service recipient submits all the necessary documents to the web portal, the status of accepting the request for the provision of a public service is displayed in the "personal account" of the service recipient, indicating the date and time of issuance of the result.

      Footnote. Paragraph 3 as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      4. On the day of receipt of the application (submission) with the documents attached to it (hereinafter referred to as the package of documents) in accordance with the service provider's work schedule provided for in paragraph 7 of the List, an employee of the service provider's office shall accept, register and submit them for consideration to the head of the service provider's department, who shall determine the employee of the service provider's department (hereinafter referred to as the contractor) and shall send him for execution.

      Footnote. Paragraph 4 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      5. If the service recipient submits an incomplete package of documents in accordance with the list provided for by the by-law governing the procedure for the public service provision and (or) documents with an expired validity period, the service provider shall refuse to accept the application.

      Footnote. Paragraph 5 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      5-1. If the service recipient submits unreliable documents or a package of documents containing non-compliance of the service recipient and (or) the submitted materials, objects, data and information necessary for the public service provision, the requirements established by the regulatory legal acts of the Republic of Kazakhstan, if there is a negative response of the authorized state body to the request for approval, which shall be required for the public service provision, as well as a negative conclusion of an examination, study or inspection or a decision that has entered into legal force (sentence) of the court in relation to the service recipient on the prohibition of activities or some types of activities, requiring the receipt of a some public service, deprivation of a special right related to the receipt of public service, lack of consent of the service recipient provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On personal data and their protection," access to restricted personal data required for the public service provision, within three working days, the executor shall send a notification of refusal to accept the application (submission) in the form of an electronic document certified by the EDS of the authorized person of the service provider to the service recipient's "personal account" on the web portal.

      Footnote. Rules as added by the Paragraph 5-1in accordance with the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      6. If the package of documents is complete, the executor shall review them for compliance with the requirements of these Rules within three working days.

      In case of non-compliance with the requirements of these Rules, the service provider shall notify the service recipient in advance of the preliminary decision to refuse to provide the state service, as well as the time and place (method) of the hearing in order to be able to express the position of the service recipient according to the preliminary decision, no later than three working days before the completion of the period for providing the state service. The hearing shall be held no later than two working days from the date of notification.

      Footnote. Paragraph 6 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      7. After reviewing the package of documents within three working days, the executor shall form a pass for entry and stay in the border strip in accordance with the form in accordance with Annex 4 to these Rules (hereinafter referred to as the pass), or a notification of refusal to provide a public service in the form in accordance with Annex 5 to these Rules and shall send to the "personal account" of the service recipient on the web portal in the form of an electronic document certified by the EDS of the authorized person of the service provider.

      8. The pass shall be issued for the period specified in the application (submission), taking into account the validity periods of the permission of the relevant authorized bodies to conduct economic, fishing or other activities, conduct socio-political, cultural or other events, but not more than one calendar year.

      9. Information about children under the age of 16 entering the border strip with their parents or accompanying individuals shall be entered into the passes of these individuals.

      10. The service provider shall ensure the entry of data into the information system for monitoring the public service provision on the stage of the public service provision in the procedure established by the authorized body in the field of informatization, in accordance with subparagraph 11) of Paragraph 2 of the Article 5 of the Law.

      11. When providing public services through the state information system of permission and notifications, data on the stage of its provision shall be automatically sent to the information system for monitoring the public service provision.

      11-1. Information on the procedure for the public service provision, as well as amendments and (or) additions to these Rules are sent to the Unified Contact Center within three working days, according to subparagraph 13) Article 10, subparagraph 3) of Article 14 and Paragraph 2 of Article 23 of the Law of the Republic of Kazakhstan "On Public Services," as well as territorial divisions and the operator of the information and communication infrastructure of the "electronic government," which receives applications and issues the results of the public service provision.

      Footnote. Rules as added by the Paragraph 11-1 1in accordance with the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

Chapter 3. Procedure for appealing decisions, actions (inactions) of service providers and (or) their officials regarding the public service provision

      12. A complaint about the decision, actions (inactions) of the service provider regarding the public service provision may be submitted to the head of the service provider, to the authorized body for assessment and control over the quality of public services, in accordance with the Administrative Procedure Code and the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the body considering the complaint).

      Footnote. Paragraph 12 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      13. The complaint of the service recipient received by the service provider directly providing the public service, in accordance with paragraph 2 of Article 25 of the Law, shall be subject to consideration within five working days from the date of its registration.

      When contacting through the portal, information on the appeal procedure can be obtained by calling a unified contact center on the public service provision.

      Pre-trial consideration of the complaint on the provision of public services is carried out by the higher authority considering the complaint.

      A complaint shall be filed with the service provider, whose decision, actions (inaction) shall be appealed.

      The service provider, whose decision, actions (inactions) shall be appealed, no later than three working days from the date of receipt of the complaint shall send it and the administrative case to the higher authority considering the complaint.

      At the same time, the service provider, whose decision, actions (inactions) shall be appealed, has the right not to send a complaint to the higher authority considering the complaint, if he accepts a favourable administrative act within three working days, shall perform an administrative action that fully shall satisfy the requirements specified in the complaint.

      Unless otherwise provided by the Law, an appeal to the court shall be allowed after a pre-trial appeal.

      Footnote. Paragraph 13 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      14. The complaint of the service recipient received by the authorized body for assessment and control over the quality of public services shall be subject to consideration within fifteen working days from the date of its registration.

  Annex 1 to the Rules
of public service
"Issuance of the pass for entry and stay in the border strip "
  Form

ӨТІНІШ (APPLICATION)

      Шекаралық белдеуге кіруге және онда болуға рұқсаттама беруді сұраймын
(Please issue a pass to enter and stay in the border strip)________________________________________________________________________
(елді мекен, аудан, облыс) (settlement, district, region)
Мақсаты (purpose) ____________________________________________________________
Уақыты (time) _______________________________________________________________
Өзім туралы мынадай мәліметтерді хабарлаймын (about myself I hereby report the following information)
Тегі (Last name) _____________________________________________________________
Аты (Name) _________________________________________________________________
Әкесінің аты (болған жағдайда) (patronymic, if any) _______________________________
Туған жылы мен жері (date and place of birth) ____________________________________
Жұмыс орны (place of work) ________________________________________________
(ұйымның атауы және лауазымы) (name of organization and position)
Жеке басын куәландыратын құжаты (document, identity card)
____________ № __________________ 20__ ж. "______"__________
__________________________________________________________________________
(жеке басын куәландыратын құжатты берген органның атауы және күні)
(date and name of the authority that issued the identity document)
Тұрғылықты жері (place of residence)__________________________________________
Өзіммен бірге балаларым барады (children come with me) ________________________
(аты және жасы) (name and age) ______________________________________________
Өтініш білдірушінің электрондық мекен-жайы (email address of the applicant) _______
Мен ұсынылған деректердің дұрыстығына дербес жауап беремін (I shall be reponsible

      for the accuracy of the presented data)
__________________________________________________________________________
(Күні, айы, жылы) (date, month,year)

  Annex 2 to the Rules
of public service
"Issuance of the pass for entry and stay in the border strip "

ҰСЫНЫС (SUBMISSION)

      Тізімге сәйкес Қазақстан Республикасының азаматтарына (шетелдіктерге және
азаматтығы жоқ адамдарға) __________________________________________________
(елді мекен, аудан, облыс) шекаралық белдеуге кіруге және онда болуға рұқсаттама
(лар) беруді сұраймын
I hereby request you to issue a pass for entry and stay in the border strip to citizens

      of the Republic of Kazakhstan (foreigners and stateless persons) according to the list)
__________________________________________________________________________
(settlement, district, region)
Мақсаты (purpose) ____________________________________________________________
Уақыты (time) _______________________________________________________________

Шекаралық белдеуге рұқсаттамалар алатын Қазақстан Республикасы азаматтарының (шетелдіктердің, азаматтығы жоқ адамдардың) тізімі (List of citizens of the Republic of Kazakhstan (foreigners, stateless persons) for obtaining a pass to the border strip)

Р/с №

Тегі, аты, әкесінің аты (болған жағдайда)


Туған жылы, айы, күні

Тұратын жерінің мекен жайы

Жұмыс орны, лауазымы

Жеке басын куәландыратын құжаттың №

Азаматтығы

(№ r/n)

Last name, name, patronymic (if any)


(Date, month, year of birth)

(Residential address)

(Place of work, position)

(№ of the document, identity card)

(Citizenship)

1








2








3








      Шекара белдеуінде техникалық құралдар жұмылдырылады:

      (Technical means shall be used in the border strip):

Р/с №
№ r/n

Техникалық құралдардың атауы
(Name of technical means)

Мемлекеттік тіркеу номері
(State registration number)

Жүргізушінің тегі, аты, әкесінің аты (болған жағдайда)
(Full name of the driver (patronymic (if any))

Иесі
(Owner)

1





2





      Ұсынысқа мынадай құжаттар қоса беріледі (The following documents shall be attached to the submission) _____________________________
Өтініш білдірушінің электрондық мекен-жайы (email address of the applicant) __________________________
Мен ұсынылған деректердің дұрыстығына дербес жауап беремін (I shall be reponsible

      for the accuracy of the presented data) __________________________
лауазымы (position) __________________________________________________________________________
(күні, айы және жылы) (date, month, year)

  Annex 3 to the Rules
of public service
"Issuance of the pass for entry and stay in the border strip"
  Form

List of basic requirements for the public service provision "Issuance of a pass for entry and stay in the border strip"

      Footnote. Annex 3 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

Name of the public service "Issuance of a pass for entry and stay in the border strip"

1

Name of service provider

Territorial subdivisions of the Border Guard Service of the NSC.

2

Methods of public service provision

Through the web portal of "e-government."

3

Term of public service provision

ten (10) working days.

4

Form of provision

Electronic (partially automated).

5

Result of public service provision

Pass for entry and stay in the border strip or notification of refusal to provide public services.

6

The amount of fees charged from the service recipient in the public service provision, and methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

Free of charge.

7

Service provider schedule

1) web portal: around the clock, with the exception of breaks associated with technical work (when the service recipient applies after the end of working hours, on weekends and holidays, in accordance with the labour legislation of the Republic of Kazakhstan, the provision of public services shall be carried out the next working day);
2) service providers: from Monday to Saturday (Monday - Friday from 9-00 to 18-00, with a lunch break from 13-00 to 15-00, on Saturday from 9-00 to 13-00), except weekends (Sunday) and holidays, according to the labour legislation of the Republic of Kazakhstan.
Addresses of places of public services shall be posted on:
1) Internet resource of the Border Service: gov.egov.kz/memleket/entitis/shekaraknb;
2) on the web portal.

8

List of documents required for the public service provision

individual - application for a pass.
individuals and legal entities - to obtain a pass for conducting economic, commercial or other activities, conducting socio-political, cultural or other events in the border zone:
1) a submission indicating information on the nature, place, participants, time of work or activities, used fishing and other vessels, transport and other technical means, and, if necessary, the place and time of crossing the state border, if this is stipulated in international treaties of the Republic of Kazakhstan with a neighbouring state;
2) electronic copies of permission of the relevant authorized bodies for conducting economic, fishing or other activities, conducting socio-political, cultural or other events in the border zone;
3) information on identity documents, state registration (re-registration of a legal entity) shall be provided to the service provider from the relevant state information systems through the "electronic government" gateway.

9

Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan

1) determination of the inaccuracy of the documents submitted by the service recipient to receive the public service, and (or) the data (information) contained in them;
2) non-compliance of the service recipient and (or) submitted materials, objects, data and information necessary for the public service provision with the requirements established by regulatory legal acts of the Republic of Kazakhstan;
3) negative response of the authorized state body to the request for approval, which shall be required for the public service provision, as well as a negative conclusion of examination, research or verification;
4) in relation to the service recipient, there shall be a court decision (verdict) that has entered into legal force prohibiting activities or certain types of activities requiring the receipt of a certain state service;
5) in relation to the service recipient there shall be a court decision that has entered into legal force, on the basis of which the service recipient shall be deprived of a special right related to obtaining a public service;
6) lack of consent of the service recipient provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On personal data and their protection" to access personal data of limited access that shall be required for the public service provision.

10

Other requirements taking into account the specifics of the public service provision

To receive a public service through a web portal, an electronic digital signature shall be required.
The service recipient shall receive information on the procedure and status of the public service provision of in the remote access mode through a unified contact centre for the public service provision.
Contact numbers of the service provider for the public service provision:
8 (7172) 71-91-07, 71-92-07, 71-93-07, 71-94-07, 71-95-07, a unified contact centre for the public service provision: 1414.

  Annex 4 to the Rules
of public service
"Issuance of the pass for entry and stay in the border strip "
  Form

      Entry and stay pass in the border strip

      Footnote. Annex 4 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

РҰҚСАТТАМА түбіршегінің
№_____
(receipt of the pass)

РҰҚСАТТАМА
№_____
(pass)

Берілді (issued) __________________________
Тұрушы (to the citizen) ________________________
Шекаралық белдеу аумағына кіруге және онда болуға рұқсат берілген
(allowance to the entry and stay in the border strip in the area)
Кіру мақсаты (purpose of the entry)
Болу мерзімі (term of stay)
Болу уақыты (residence time)
Негіздеме (grounds)
Берілген күні (date of issuance)
"___________"
аумақтық бөлімше бастығы
(Head of territorial subdivision)
___________

Берілді (issued) __________________________
Тұрушы (to the citizen) ________________________
Шекаралық белдеу аумағына кіруге және онда болуға рұқсат берілген
(allowance to the entry and stay in the border strip in the area)
Кіру мақсаты (purpose of the entry)
Болу мерзімі (term of stay)
Болу уақыты (residence time)
Негіздеме (grounds)
Берілген күні (date of issuance)
Рұқсаттама жеке басын куәландыратын құжат ұсынылған жағдайда жарамды
(pass recognized as valid upon presentation of an identity document)
№ ___________
"___________"
аумақтық бөлімше бастығы (Head of territorial subdivision)
___________

Мөрдін орыны (болған жағдайда)
Place for sealing (if any)

Мөрдін орыны (болған жағдайда)
Place for sealing (if any)

  Annex 5 to the Rules
of public service
"Issuance of the pass for entry and stay in the border strip "
  Form
  Where _______________________
____________________________
Who _______________________to
(address and installation
data of the initiator)

NOTIFICATION

      Footnote. Annex 5 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      _________________________________________________________ to your application

      (submission) dated __ ______, ___ 20, we hereby notify you of the refusal to issue a pass for

      entry and stay in the border strip due to the submission of documents not in

      full or by specifying false information in the application (submission):

      __________________________________________________________________________

      __________________________________________________________________________

      Head of territorial subdivision

      __________________________________________________________________________

      signature, surname, first name, patronymic (if any) of the official

      "_____" _____________ ___ 20. (date, month, year)

  Annex 3 to the order
of the Chairman of the Committee
of National Security
of the Republic of Kazakhstan
dated April 20, 2020 № 26/қе

Rules for the public service provision "Issuance of a pass to enter the territorial waters (sea) and inland waters of the Republic of Kazakhstan of Kazakhstan small self-propelled and non-self-propelled (surface and underwater) vessels (means) and vehicles on ice" Chapter 1. General provisions

      1. These Rules for the public service provision has been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the Law) and shall establish the procedure for the public service provision "Issuance of a pass to enter territorial waters (sea) and internal waters of the Republic of Kazakhstan of Kazakhstani small self-propelled and non-self-propelled (surface and underwater) vessels (means) and means of transportation on ice" (hereinafter referred to as public service).

      Footnote. Paragraph 1 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      2. The public service shall be provided by the territorial subdivisions of the Border Service of the National Security Committee of the Republic of Kazakhstan (hereinafter referred to as the service provider) to individuals and legal entities of the Republic of Kazakhstan, as well as foreign citizens, stateless persons receiving state services (hereinafter referred to as the service recipient).

      Footnote. Paragraph 2 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

Chapter 2. Procedure for the public service provision

      3. To receive a public service, the service recipient shall submit to the service provider a submission for obtaining passes to enter territorial waters (sea) and internal waters of the Republic of Kazakhstan of Kazakhstani small self-propelled and non-self-propelled (surface and underwater) vessels (means) and vehicles on ice with a list of individuals attached to it (hereinafter referred to as "submission") in the form according to Annex 1 to these Rules in electronic format to the web-portal of "e-government" (hereinafter referred to as the web portal) certified by means of an electronic digital signature (hereinafter referred to as the EDS) of the service recipient.

      Documents required for the public service provision in accordance with paragraph 8 of the List of Basic Requirements for the Provision of Public Services (hereinafter referred to as the List) specified in Annex 2 to these Rules shall be attached to the presentation on the web portal in electronic format.

      When the service recipient submits all the necessary documents to the web portal, the status of accepting the request for the provision of a public service is displayed in the "personal account" of the service recipient, indicating the date and time of issuance of the result.

      Footnote. Paragraph 3 as amended by the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      4. The submission made by the service recipient must be coordinated with the territorial subdivisions of the National Security Committee of the Republic of Kazakhstan and the internal affairs bodies of the Republic of Kazakhstan.

      The terms of approval should not exceed ten working days from the date of receipt of the submission.

      5. The service recipient, who shall intend to conduct marine scientific research and (or) survey activities in territorial waters (sea), when entering the presentation of the service provider on the web portal, additionally shall provide information on:

      1) nature and objectives of the project, description of scientific equipment;

      2) the method and means to be used, including the name, type and class of vessels, of accurate geographical data on the areas in which the project shall be carried out;

      3) date of arrival and departure of survey vessels or, where appropriate, placement and removal of equipment;

      4) name of the organization, manager or person responsible for the project.

      6. On the day of receipt of the submission with the documents attached to it (hereinafter referred to as the package of documents) in accordance with the service provider's work schedule provided for in paragraph 7 of the List, an employee of the service provider's office shall accept, register and submit for consideration to the head of the service provider's department, who shall determine the employee of the service provider's department (hereinafter referred to as the executor) and shall send him for execution.

      Footnote. Paragraph 6 -in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      7. If the service recipient submits an incomplete package of documents in accordance with the list provided for by the by-law governing the procedure for the public service provision and (or) documents with an expired validity period, the service provider shall refuse to accept the application.

      Footnote. Paragraph 7 - in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      7-1. If the service recipient submits unreliable documents or a package of documents containing non-compliance of the service recipient and (or) the submitted materials, objects, data and information necessary for the public service provision, the requirements established by the regulatory legal acts of the Republic of Kazakhstan, if there is a negative response of the authorized state body to the request for approval, which shall be required for the public service provision, as well as a negative conclusion of an examination, study or inspection or a decision that has entered into legal force (sentence) of the court in relation to the service recipient on the prohibition of activities, or some types of activities, requiring the receipt of a certain public service, deprivation of a special right related to the receipt of public service, lack of consent of the service recipient provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On personal data and their protection," access to restricted personal data required for the public service provision, within two working days, the contractor shall send a notification to the service recipient's "personal account" on the web portal about the refusal to accept the presentation in the form of an electronic document certified by the EDS of the authorized person of the service provider.

      Footnote. Rules as added by the paragraph 7-1 in accordance with the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      8. If the package of documents is complete, the executor shall review them for compliance with the requirements of these Rules within nine working days.

      In case of non-compliance with the requirements of these Rules, the service provider shall notify the service recipient in advance of the preliminary decision to refuse to provide the state service, as well as the time and place (method) of the hearing in order to be able to express the position of the service recipient according to the preliminary decision, no later than three working days before the completion of the period for providing the public service. The hearing shall be held no later than two working days from the date of notification.

      Footnote. Paragraph 8- in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      9. After reviewing the package of documents within three working days, the contractor shall form a pass to enter the territorial waters (sea) and internal waters of the Republic of Kazakhstan of Kazakhstan small self-propelled and non-self-propelled (surface and underwater) vessels (means) and vehicles on ice in accordance with Annex 3 to these Rules (hereinafter referred to as the pass), or a notice of refusal to provide a public service in the form in accordance with Annex 4 to these Rules and shall send to the "personal account" of the service recipient on the web portal in the form of an electronic document certified by the EDS of the authorized person of the service provider.

      10. The pass shall be issued for the period specified in the submission, taking into account the validity of the permission of the relevant authorized bodies for conducting fishing, research, survey or other activities, but not more than one calendar year.

      Upon expiration, the pass shall be recognized invalid.

      11. The service provider shall ensure the entry of data into the information system for monitoring the public service provision on the stage of the public service provision in the procedure established by the authorized body in the field of informatization, in accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law.

      12. When providing public services through the state information system of permissions and notifications, data on the stage of its provision shall be automatically transmitted to the information system for monitoring the public service provision.

      12-1. Information on the procedure for the provision of public services, as well as introduction of amendments and (or) additions to these Rules shall be sent to the Unified Contact Centre within three working days, according to subparagraph

      13) Article 10, subparagraph 3) of Article 14 and Annex 2 of Article 23 of the Law of the Republic of Kazakhstan "On public services," as well as territorial subdivisions and the operator of the information and communication infrastructure of the "electronic government," which shall receive applications and issues the results of the public service provision.

      Footnote. Rules as added by the paragraph 12-1 in accordance with the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

Chapter 3. Procedure for appealing decisions, actions (inactions) of service providers and (or) their officials regarding the public service provision

      13. A complaint about the decision, actions (inaction) of the service provider regarding the public service provision may be submitted to the head of the service provider, to the authorized body for assessment and control over the quality of public services, in accordance with the Administrative Procedure Code and the Law of the Republic of Kazakhstan "On public services" (hereinafter referred to as the body considering the complaint).

      Footnote. Paragraph 13- in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      14. The complaint of the service recipient, received by the service provider directly providing the state service, in accordance with paragraph 2 of the Article 25 of the Law, shall be subject to consideration within five working days from the date of its registration.

      When contacting through the portal, information on the appeal procedure can be obtained by calling a single contact centre on the public service provision.

      Pre-trial consideration of the complaint on the public service provision shall be carried out by the higher authority considering the complaint.

      A complaint shall be filed with the service provider, whose decision, actions (inaction) shall be appealed.

      The service provider, whose decision, actions (inaction) shall be appealed, no later than three working days from the date of receipt of the complaint shall send it and the administrative case to the higher authority considering the complaint.

      At the same time, the service provider, whose decision, actions (inaction) shall be appealed, has the right not to send a complaint to the higher authority considering the complaint, if he accepts a favourable administrative act within three working days, shall perform an administrative action that fully satisfies the requirements specified in the complaint.

      Unless otherwise provided by the Law, an appeal to the court shall be allowed after a pre-trial appeal.

      Footnote. Paragraph 14- in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      15. The complaint of the service recipient received by the authorized body for assessment and control over the quality of public services shall be considered within fifteen working days from the date of its registration.

  Annex 1
to the Rules of public services
"Issuing a pass for access to the territorial water (sea)
and internal waters
of the Republic of Kazakhstan
of Kazakhstani small self-propelled and non-propelled
(surface and underwater) vessels
(means) means
of movements on ice"
  Form

Submission of Kazakhstan small-sized self-propelled and non-self-propelled (surface and underwater) vessels (means) and vehicles on ice for receiving passes to enter the territorial waters (sea) and inland waters of the Republic of Kazakhstan

      Footnote. Annex 1- in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

__________________________ аумақтық бөлімшенің бастығына
(Head of the territorial subdivision ________________________)
ҰСЫНУ (SUBMISSION)

Теңізге шығуға рұқсаттама беруді сұраймын________________________________________
(I hereby ask you to issue a pass to go to sea)
____________________________________________________________________________
(заң тұлғаның атауы, жеке тұлғаның тегі, аты, әкісінің аты (болған жағдайда)
(name of the legal entity, surname, first name, patronymic (if any) of the individual)
Мақсаты (purpose) _____________________________________________________________
Уақыты (time) ________________________________________________________________
Ауданында аумақтық суларда болу
(being in territorial waters in the area of) ____________________________________
Жүзу құралының түрі (type of water swimming facility)___________________________________________
Жүзу құралының тіркеу № (рег. № of watercraft) ____________________________________
Жүзу құралының тіркелімге алыну орны (place of registration of the watercraft): ________________
Қазақстан Республикасының азаматтарына (шетелдік және азаматтығы жоқ тұлғаларға)
қоса берілген тізімге сәйкес саны _____ дана рұқсаттама
(Citizens of the Republic of Kazakhstan (foreigners and stateless persons) according to the attached
list in ______ instances)
Ұсынуға мынадай құжаттар қоса беріледі
(The following documents shall be attached to the submission) ______________________________

лауазымы (position)
қолы (signature)__________________
_______________________________
(күні, айы, жылы) (date, month, year)
Мөрдін орыны (қажетті жағдайда)
Place for Sealing (if necessary)

      (back)

List of citizens of the Republic of Kazakhstan (foreigners, stateless persons) for obtaining passes to enter the territorial waters (sea) and inland waters of the Republic of Kazakhstan of Kazakhstani small self-propelled and non-self-propelled (surface and underwater) vessels (means) and vehicles on ice

№ r/n

Last name, name, patronymic of the captain
(if any)

Date, month, year of birth

Address of residence

Place of work, position

№ of the document, identity card

Citizenship

Note

1








2








3








Total: ______________________________________________________________
(total number of individuals - in words)
In this case, technical means shall be involved:

№ r/n

Name of technical means

State registration number

Last name, name, patronymic of the captain
(if any)

Note

1





2





  Annex 2
to the Rules of public services
"Issuing a pass for access to the territorial water (sea)
and internal waters
of the Republic of Kazakhstan
of Kazakhstani small self-propelled and non-propelled
(surface and underwater) vessels
(means) means
of movements on ice"
  Form

List of basic requirements for the public service provision "Issuance of a pass to enter the territorial waters (sea) and inland waters of the Republic of Kazakhstan of Kazakhstani small self-propelled and non-self-propelled (surface and underwater) vessels (means) and vehicles on ice"

      Footnote. Annex 2- in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 28.12.2023 № 110/ҚЕ (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

Name of the public service "Issuance of a pass to enter the territorial waters (sea) and inland waters of the Republic of Kazakhstan of Kazakhstan small self-propelled and non-self-propelled (surface and underwater) vessels (means) and vehicles on ice"

1

Name of the service provider

Territorial subdivisions of the Border Guard Service of the NSS.

2

Methods of public service provision

Through the web portal of "e-government."

3

Term of public service provision

fifteen (15) working days.

4

Form of provision

Electronic (partially automated).

5

Result of public service provision

A pass to enter the territorial waters (sea) and inland waters of the Republic of Kazakhstan of small self-propelled and non-self-propelled (surface and underwater) vessels (means) and vehicles on ice or a notification of refusal to provide public services.

6

The amount of fees charged from the service recipient in the public service provision, and methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan

Free of charge.

7

schedule of the service provider

1) web portal: around the clock, with the exception of breaks associated with technical work (when the service recipient applies after the end of working hours, on weekends and holidays, in accordance with the labour legislation of the Republic of Kazakhstan, the public service provision shall be carried out the next working day);
2) service providers: from Monday to Saturday (Monday - Friday from 9-00 to 18-00, with a lunch break from 13-00 to 15-00, on Saturday from 9-00 to 13-00), except weekends (Sunday) and holidays, according to the labour legislation of the Republic of Kazakhstan.
addresses of places of public services shall be posted on:
1) Internet resource of the border service:
gov.egov.kz/memleket/entitis/shekaraknb;
2) on the web portal.

8

List of documents required for the public service provision

1) submission of Kazakhstani small-sized self-propelled and non-self-propelled (surface and underwater) vessels (means) and vehicles on ice with a list of individuals attached to it for obtaining passes to enter the territorial waters (sea) and inland waters of the Republic of Kazakhstan;
2) electronic copies of permissions of the relevant authorized bodies for conducting fishing, research, survey or other activities in territorial waters (sea) and inland waters;
3) information on identity documents, state registration (re-registration of a legal entity) shall be provided to the service provider from the relevant state information systems through the "electronic government" gateway.

9

Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan

1) determination of the inaccuracy of the documents submitted by the service recipient to receive the public service, and (or) the data (information) contained in them;
2) non-compliance of the service recipient and (or) submitted materials, objects, data and information necessary for the public service provision with the requirements established by regulatory legal acts of the Republic of Kazakhstan;
3) negative response of the authorized state body to the request for approval, which shall be required for the public service provision, as well as a negative conclusion of examination, research or verification;
4) in relation to the service recipient, there shall be a court decision (verdict) that has entered into legal force prohibiting activities or certain types of activities requiring the receipt of a certain public service;
5) in relation to the service recipient there shall be a court decision that has entered into legal force, on the basis of which the service recipient shall be deprived of a special right related to obtaining a public service;
6) lack of consent of the service recipient provided in accordance with Article 8 of the Law of the Republic of Kazakhstan "On personal data and their protection" to access personal data of limited access that shall be required for the public service provision.

10

Other requirements taking into account the specifics of the public service provision

To receive a public service through a web portal, an electronic digital signature shall be required.
The service recipient shall receive information on the procedure and status of the public service provision in the remote access mode through a single contact center for the public service provision
Contact numbers of the service provider for the provision of public services: 8 (7172) 71-91-07, 71-92-07, 71-93-07, 71-94-07, 71-95-07, a single contact center for the public service provision: 1414.

  Annex 3
to the Rules of public services
"Issuing a pass for access to the territorial water (sea)
and internal waters
of the Republic of Kazakhstan
of Kazakhstani small self-propelled and non-propelled
(surface and underwater) vessels
(means) means
of movements on ice"
  Form

Access to the territorial waters (sea) and inland waters of the Republic of Kazakhstan of Kazakhstan small-sized self-propelled and non-self-propelled (surface and underwater) vessels (means) and vehicles on ice

      Footnote. Annex 3- in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

РҰҚСАТТАМА түбіршегінің №___
(receipt of the pass)
(issued) _______________________ берілді
(to the citizen) ____________________________ тұрғыны
20 ___ жылы теңізге және ішкі суларға шығуға рұқсат берілген
(allowance to go to sea and inland waters in __ 20)
Ауданның аумақтық суларында болу
(being in territorial waters in the area of)
Жол жүру бағыты _____________________
(route)
Теңізге шығу мақсаты _________________
(purpose of going to sea)
Шығу уақыты ________________________
(time to sea)
Келу уақыты _________________________
(residence time)
Жүзу құралының түрі__________________
(type of swimming facility)
Жүзу құралының тіркеу №_____
(рег. № swimming facility)
Жүзу құралының тіркелімге алыну орны
___________________________________
(place of registration of the swimming facility):
Негіздеме ___________________________
(grounds)
Берілген күні ________________________
(date of issue)
"___________" аумақтық бөлімше бастығы
(Head of territorial subdivision)
_____________________________________
____________________________________
Мөрдін орыны (қажетті жағдайда)
Place for sealing (if necessary)

РҰҚСАТТАМА №___
(pass)
(issued) ___________________________ берілді
(to the citizen) ________________________________ тұрғыны
20 ___ жылы теңізге және ішкі суларға шығуға рұқсат берілген
(allowance to go to sea and inland waters in __ 20)
Аумақтық сулардан тыс ауданда болу
(being in territorial waters in the area of)
Жол жүру бағыты _________________________
(route)
Теңізге шығу мақсаты ______________________
(purpose of going to sea)
Шығу уақыты _____________________________
(time to sea)
Келу уақыты ______________________________
(residence time):
Жүзу құралының түрі
(type of swimming facility)
Жүзу құралының тіркеу № ________
(рег. № swimming facility)
Жүзу құралының тіркелімге алыну орны
____________________________________
(place of registration of the swimming facility)
Рұқсаттама жеке басын куәландыратын құжат ұсынылған
жағдайда жарамды (pass valid on presentation
identification document)
№ ______
Берілген күні _____________________________
(date of issue)
"___________" аумақтық бөлімше бастығы
(Head of territorial subdivision)
Мөрдін орыны (қажетті жағдайда)
Place for sealing (if necessary)

  Annex 4
to the Rules of public services
"Issuing a pass for access to the territorial water (sea)
and internal waters
of the Republic of Kazakhstan
of Kazakhstani small self-propelled and non-propelled
(surface and underwater) vessels
(means) means
of movements on ice"
  Form

Notification of refusal to issue a pass for the exit of Kazakhstani ships
to territorial waters (sea), internal waters of the Republic of Kazakhstan

  Where _______________________
____________________________
Who _______________________to
(address and installation
data of the initiator)

NOTIFICATION

      Footnote. Annex 4- in the wording of the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated 03.03.2022 № 10/қе (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      ____________________________________________________ to your application

      dated ___ ________, ___ 20, we hereby notify you of the refusal to issue an exit pass

      to territorial waters (sea), internal waters of the Republic of Kazakhstan due to

      with the submission of documents not in full for

      ______________________________________________________________________

      ______________________________________________________________________

      (type of small-sized self-propelled and non-self-propelled (surface and underwater)

      vessel (s) and vehicles on ice)

      Head of territorial subdivision

      _____________________________________________________________________

      signature, surname, first name, patronymic (if any) of the official

      "_____" _____________ ___ 20. (date, month, year)

  Annex 4 to the order
of the Chairman of the National
Security Committee
of the Republic of Kazakhstan
dated April 20,2020 № 26/қе

      List of some orders of the Chairman of the National Security Committee of the Republic of Kazakhstan subject to loss

      1. Order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated April 22, 2015 №. 26 "On approval of the standards of public services provided by the border service of the National Security Committee of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts dated May 23, 2015 № 11146).

      2. Order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated May 28, 2015 № 42 "On approval of the regulations of state services provided by the border service of the National Security Committee of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts dated June 30, 2015 №11504).

      3. Order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated July 29, 2019 № 57/қе "On introduction of amendments to the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated April 22, 2015 № 26 "On approval of the standards of public services provided by the border service of the National Security Committee of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts dated August 1, 2019 № 19176).

      4. Order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated September 10, 2019 № 72/қе "On introduction of amendments to the order of the Chairman of the National Security Committee of the Republic of Kazakhstan dated May 28, 2015 № 42 "On approval of the regulations of public services provided by the border service of the National Security Committee of the Republic of Kazakhstan" (registered in the Register of State Registration of Regulatory Legal Acts of September 13, 2019 № 19378).