On approval of the Rules for provision of public service "Issuance of a special permit for overflight over territory of restricted zones and flight restriction zones after agreement with the State Security Service of the Republic of Kazakhstan and with na

Order of the Minister of Defense of the Republic of Kazakhstan dated June 2, 2020 No. 250. Registered in the Ministry of Justice of the Republic of Kazakhstan on June 4, 2020 No. 20818.

      Unofficial translation

      In accordance with subparagraph 1) of article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" I HEREBY ORDER:

      1. To approve the attached Rules for provision of a public service "Issuance of a special permit for overflight over the territory of restricted zones and flight restriction zones after agreement with the State Security Service of the Republic of Kazakhstan and with the national security authorities."

      2. The Office of the Commander-in-Chief of the Air Defense Forces of the Armed Forces of the Republic of Kazakhstan, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to ensure:

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

      2) placement of this order on the Internet resource of the Ministry of Defense of the Republic of Kazakhstan after its official publication;

      3) submission of information to the Legal Department of the Ministry of Defense of the Republic of Kazakhstan on implementation of the measures provided for in subparagraphs 1) and 2) of this paragraph within ten calendar days from the date of state registration.

      3. The First Deputy Minister of Defense - Chief of the General Staff of the Armed Forces of the Republic of Kazakhstan is authorized to control the execution of this order.

      4. This order is communicated to the officials in the part concerning them.

      5. This order comes into effect upon the expiration of twenty one calendar days after the day of its first official publication.

      Minister of defense of
the Republic of Kazakhstan
N. Yermekbayev

      "AGREED"
State Security Service of the
Republic of Kazakhstan

      "AGREED"
National Security Committee of the
Republic of Kazakhstan

      "AGREED"
Ministry of digital development,
innovations and aero-space industry of the
Republic of Kazakhstan

  Approved
by the order of the
Minister of defense of the
Republic of Kazakhstan
dated June 2, 2020 № 250

Rules
for provision of public service "Issuance of a special permit for overflight over the territory of restricted zones and flight
restriction zones after agreement with the State Security Service of the Republic of Kazakhstan and with the national security authorities"

Chapter 1. General provisions

      1. These Rules for provision of the public service "Issuance of a special permit for overflight over the territory of restricted zones and flight restriction zones after agreement with the State Security Service of the Republic of Kazakhstan and with the national security authorities" (hereinafter - the Rules) are developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services" and determine the procedure for issuing a special permit for overflying over the territory of restricted zones and flight restriction zones in the airspace of the Republic of Kazakhstan.

      2. The public service "Issuance of a special permit to fly over the territory of prohibited zones and restricted flight zones after agreement with the State Security Service of the Republic of Kazakhstan and with the national security authorities" (hereinafter referred to as the public service) is provided by the Ministry of Defense of the Republic of Kazakhstan (hereinafter referred to as the service provider) to individuals and legal entities (hereinafter referred to as service recipients).

      Footnote. Paragraph 2 - as amended by the order of the Minister of Defense of the Republic of Kazakhstan dated 07.12.2021 No. 847 (shall be enforced sixty calendar days after the day of their first official publication).

Chapter 2. Procedure for provision of public service

      3. To receive a public service, service recipients apply in the form in accordance with Appendix 1 to these Rules (hereinafter referred to as the application) through the web portal of "electronic government" www.egov.kz (hereinafter referred to as the portal).

      The list of basic requirements for provision of a public service, including the characteristics of the process, the form, content and result of the provision of a public service, as well as other information, taking into account the specifics of the provision of public service, are set out in the public service standard "Issuance of a special permit to fly over the territory of prohibited zones and restricted flight zones after agreement with the State Security Service of the Republic of Kazakhstan and with the national security authorities" in accordance with Appendix 2 to these Rules (hereinafter referred to as the Standard).

      Footnote. Paragraph 3 - as amended by the order of the Minister of Defense of the Republic of Kazakhstan dated 07.12.2021 No. 847 (shall be enforced sixty calendar days after the day of their first official publication).

      4. When submitting an application through the portal, after receiving the request by the responsible structural unit, the status of acceptance of the request for the provision of the public service and the date of issuance of the result of the provision of the public service is sent to the “personal account” of the service recipient.

      Information about identity documents, registration (re-registration) of a legal entity, registration of an individual entrepreneur, or about the start of activity as an individual entrepreneur, is received by the responsible structural unit of the service provider from the relevant state information systems, through the e-government gateway.

      Footnote. Paragraph 4 - as amended by the order of the Minister of Defense of the Republic of Kazakhstan dated 07.12.2021 No. 847 (shall be enforced sixty calendar days after the day of their first official publication).

      5. If the service recipient submits an incomplete package of documents in accordance with the list provided for in paragraph 8 of the standard for provision of public service, through the portal, the service provider sends a refusal to further consider the document and returns the appeal by sending a notification to the service recipient's personal account in the form of an electronic document signed with an electronic digital signature (hereinafter - EDS) of an authorized person of the service provider.

      Footnote. Paragraph 5 - as amended by the order of the Minister of Defense of the Republic of Kazakhstan dated 07.12.2021 No. 847 (shall be enforced sixty calendar days after the day of their first official publication).

      6. The responsible structural unit of the service provider, within one working day from the date of registration of the application, forms a request and sends it to the State Security Service of the Republic of Kazakhstan and the National Security Committee of the Republic of Kazakhstan to coordinate the flight over the territory of restricted zones and flight restriction zones.

      7. After receiving a response from the above bodies, the responsible structural unit of the service provider, within two working days, forms a permit to fly over the territory of prohibited zones and restricted flight zones in the form in accordance with Appendix 3 to these Rules, or a reasoned refusal to provide public service in the form in accordance with Appendix 4 to these Rules.

      At the same time, if there are grounds for refusing to provide a public service, specified in paragraph 9 of the standard to these Rules, the service provider notifies the service recipient of the preliminary decision to refuse to provide the public service, as well as the time and place (method) of the hearing in order to be able to express the position to the service recipient on the preliminary decision.

      Notification of the hearing is sent at least 3 (three) working days before the end of the term for the provision of the public service. The hearing is held no later than 2 (two) working days from the date of notification.

      Based on the results of the hearing, the service provider draws up the result of the provision of the public service.

      Footnote. Paragraph 7 - as amended by the order of the Minister of Defense of the Republic of Kazakhstan dated 07.12.2021 No. 847 (shall be enforced sixty calendar days after the day of their first official publication).

      8. The result of the provision of the public service is sent to the "personal account" of the service recipient in the form of an electronic document certified by an electronic digital signature (hereinafter referred to as the EDS) of the authorized person of the service provider.

      Footnote. Paragraph 8 - as amended by the order of the Minister of Defense of the Republic of Kazakhstan dated 07.12.2021 No. 847 (shall be enforced sixty calendar days after the day of their first official publication).

      9. Refusal to provide a public service is made in accordance with paragraph 9 of the Standard.

      10. In accordance with subparagraph 11) of paragraph 2 of article 5 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On public services", the service provider ensures that data is entered into the information system for monitoring the provision of public services on the stage of provision of public service in the manner established by the authorized body in the field of informatization.

Chapter 3. Procedure for appealing decisions, actions (inaction) of the service provider and (or) its officials on the issues of provision of public services

      11. A complaint against decisions, actions (inaction) of the service provider and (or) their employees on the provision of public services is filed in the name of the head of the service provider.

      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 "On Public Services" is subject to consideration within five working days from the date of its registration.

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

      When applying through the portal, information on the procedure for appealing can be obtained by calling the single contact center for provision of public services.

      Pre-trial consideration of a complaint on the provision of public services is carried out by a higher administrative body, an authorized body for assessment and control over the quality of provision of public services (hereinafter referred to as the body considering the complaint).

      The complaint is submitted to the service provider, whose decision, action (inaction) is being appealed.

      The service provider, whose decision, action (inaction) is being appealed, no later than three working days from the date of receipt of the complaint, sends it and the administrative file to the body considering the complaint.

      At the same time, the service provider, whose decision, action (inaction) is being appealed, has the right not to send a complaint to the body considering the complaint, if it adopts a favorable administrative act within three working days, makes an administrative action that fully satisfies the requirements specified in the complaint.

      Unless otherwise provided by law, the appeal to the court is allowed after an appeal in the pre-trial procedure.

      Footnote. Paragraph 11 - as amended by the order of the Minister of Defense of the Republic of Kazakhstan dated 07.12.2021 No. 847 (shall be enforced sixty calendar days after the day of their first official publication).

      12. In case of disagreement with the results of the provided public service, the service recipient has the right to appeal to court in the manner prescribed by the legislation of the Republic of Kazakhstan.

Chapter 4. Other requirements, taking into account the specifics of provision of public service, including those provided in electronic form

      13. The service recipient has the opportunity to receive a public service in electronic form through the portal, subject to the availability of an EDS.

      14. Addresses of places of rendering public service are posted on the Internet resource of the Ministry of Defense of the Republic of Kazakhstan: www.mod.gov.kz.

      15. The service recipient has the opportunity to receive information on the status of provision of a public service in remote access mode by contacting the service provider by phone numbers, indicated on the Internet resource of the Ministry of Defense of the Republic of Kazakhstan www.mod.gov.kz and the Unified Contact Center 1414.8800080 7777.

      16. Information on procedure for provision of a public service can be obtained by calling the Unified Contact Center at 1414, 8 800 080 7777.

  Appendix 1
to the Rules for provision of public
service "Issuance of a special
permit to fly over the territory of
prohibited zones and restricted
flight zones after agreement with
the State Security Service of the
Republic of Kazakhstan and with
the national security authorities"

      Form

  Ministry of defense of the
Republic of Kazakhstan

      Footnote. Appendix 1 - as amended by the order of the Minister of Defense of the Republic of Kazakhstan dated 07.12.2021 No. 847 (shall be enforced sixty calendar days after the day of their first official publication).

Application

      I ask you to issue a special permit to fly over the territory of the restricted zone

      (restricted areas) and/or restricted flight zone (s).

      1. Aircraft type, aircraft identification

      (state and registration identification mark of the aircraft)

      (for an unmanned aerial vehicle in the absence of a state

      and registration identification marks of the aircraft the brand of the

      unmanned aerial vehicle is indicate) and an individual or legal entity

      that is its operator, indicating:

      for an individual - the surname and initials of the owner, IIN;

      for a legal entity - the name of the organization, BIN.

      2. Designation of the restricted zone (s) and restricted flight zone (s)

      (designation of zones: UAP-..., UAR-..., as indicated in the documents of the aeronautical

      information), points (indicating geographic coordinates) of entry, exit

      from the restricted zone (restricted flight zone):

      ________________________________________________________________________

      ________________________________________________________________________

      ________________________________________________________________________

      ________________________________________________________________________

      ________________________________________________________________________

      ________________________________________________________________________

      3. Flight performance period (indicating the start and end dates of flights, but not more than one calendar year):

      ________________________________________________________________________

      ________________________________________________________________________

      4. Purpose of the flight:

      ________________________________________________________________________

      ________________________________________________________________________

      Application date:

      ________________________________________________________________________

      For an individual:

      ________________________________________________________________________

      (surname, name, patronymic (if any) (signature)

      For legal entity:

      ________________________________________________________________________

      ________________________________________________________________________

      (name of organization)       (position)       (signature)

  Appendix 2
to the Rules for provision of public
service "Issuance of a special
permit to fly over the territory of
prohibited zones and restricted
flight zones after agreement with
the State Security Service of the
Republic of Kazakhstan and with
the national security authorities"

      Footnote. Appendix 2 - as amended by the order of the Minister of Defense of the Republic of Kazakhstan dated 07.12.2021 No. 847 (shall be enforced sixty calendar days after the day of their first official publication).

Name of the public service "Issuance of a special permit to fly over the territory of prohibited zones and restricted flight zones after agreement with the State Security Service of the Republic of Kazakhstan and with the national security authorities"

1

Name of the service provider

Ministry of Defense of the Republic of Kazakhstan

2

Ways to provide public services (access channels)

Web portal of "electronic government": www.egov.kz

3

Term for provision of public service

Term for provision - 7 (seven) working days.

4

Form of provision of public service

Electronic (fully automated).

5

Result of provision of public service

Issuance of a special permit to fly over the territory of prohibited zones and restricted flight zones, or a reasoned response to refuse to provide a public service.

6

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

Free for individuals and legal entities.

7

Schedule

Portal - around the clock, with the exception of technical breaks due to repair work (when the service recipient contacts after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the application is accepted and the result of the provision of the public service is issued the next working day). Addresses of places for provision of a public service are posted on the Internet resource of the Ministry of Defense of the Republic of Kazakhstan: www.gov.kz.

8

The list of documents required for provision of public service

Application in the form of an electronic document certified by the EDS of the service recipient.
Information about identity documents, registration (re-registration) of a legal entity, registration of an individual entrepreneur, or about the beginning of activities as an individual entrepreneur.

9

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

1) establishing the unreliability of the documents submitted by the service recipient for the receipt of the public service, and (or) the data (information) contained in them;
2) non-compliance of the service recipient and (or) the submitted materials, objects, data and information necessary for the provision of the public service with the requirements established by the regulatory legal acts of the Republic of Kazakhstan;
3) a negative response from the State Security Service of the Republic of Kazakhstan and / or the National Security Committee of the Republic of Kazakhstan to the request for approval, which is required for the provision of public service;
4) in relation to the service recipient there is a court decision (verdict) that has entered into legal force on prohibition of activities or certain types of activities requiring the receipt of a certain public service;
5) in relation to the service recipient there is a court decision that has entered into force, on the basis of which the service recipient is deprived of a special right related to the receipt of a public service.

10

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

The service recipient has the opportunity to receive information about the status of the provision of public service in the remote access mode by calling the service provider's telephone numbers indicated on the Internet resource of the Ministry of Defense of the Republic of Kazakhstan www.gov.kz. through the "personal account" of the portal and the Unified Contact Center 1414, 8 800 080 7777.
The service recipient has the opportunity to receive public services in electronic form through the portal, subject to the availability of an EDS.
The service recipient has the opportunity to receive information about the procedure and status of the provision of public services in remote access mode through the "personal account" of the portal, the service provider's inquiry services, as well as the Unified Contact Center 1414, 88000807777.

  Appendix 3
to the Rules for provision of public
service "Issuance of a special
permit for overflight over the
territory of restricted zones and
flight restriction zones after
agreement with the State Security
Service of the Republic of
Kazakhstan and with the national
security authorities"
  Form
  To: service recipient

Permission to fly over the territory of restricted zones and flight restriction zones

      Ministry of Defense of the Republic of Kazakhstan, having considered

      Your application dated ___ ______ ______ No. ____________, allows you to fly over the territory of restricted zones and flight restriction zones according to the following conditions.

      Restricted zone (s) and / or flight restriction zone (s) for which permission was issued and the dates of flights over them:

Flight period (indicating the start and end dates of flights)

Designation of a restricted zone (s) and / or a flight restriction zone (s)




      Special conditions: ________________________________________________

      (the conditions for performing flights are indicated (if any)

      Position

      Military rank, full name (if available)

  Appendix 4
to the Rules for provision of
public service "Issuance of a
special permit for overflight over
the territory of restricted zones and
flight restriction zones after
agreement with the State Security
Service of the Republic of
Kazakhstan and with the national
security authorities"
  Form
  To: service recipient
__________________
№ ________

Refusal to issue a special permit to fly over the territory of restricted zones and flight restriction zones

      Ministry of Defense of the Republic of Kazakhstan, having considered

      Your application dated ___ ______ ______ No. ____________, informs the following.

      Guided by article 19-1 of the Law of the Republic of Kazakhstan dated April 15, 2013

      "On public services", refuses to issue a special permit for flying over the territory of restricted zones and flight restriction zones.

      Position

      Military rank, full name (if available)