On approval of the Rules for the provision of state services in the field of wildlife

Order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated August 12, 2020, No. 188. Registered with the Ministry of Justice of the Republic of Kazakhstan on August 13, 2020, No. 21087.

      Unofficial translation

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

      1. To approve the attached:

      1) Rules for the provision of the state service "Coordination of the installation of fish protection devices for water intake structures" in accordance with Annex 1 to this Order;

      2) Rules for the provision of the state service "Issuance of a certificate of the origin of the catch" in accordance with Annex 2 to this Order.

      2. The Committee for Forestry and Wildlife of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan, in the manner prescribed by law, shall ensure:

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

      2) posting this Order on the Internet resource of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan after its official publication;

      3) within ten working days after the state registration of this Order, the submission to the Department of Legal Service of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan the information on the implementation of the measures provided for in subparagraphs 1) and 2) of this paragraph.

      3. Control over the implementation of this Order shall be entrusted to the Supervising Vice-Minister of Ecology, Geology, and Natural Resources of the Republic of Kazakhstan.

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

      Minister of Ecology, Geology and Natural Resources of the
Republic of Kazakhstan 
M. Mirzagaliyev

      "AGREED"
Ministry of National Economy of the
Republic of Kazakhstan

      "AGREED"
Ministry of Digital Development,
Innovation and Aerospace Industry of the
Republic of Kazakhstan

  Annex 1
to Order of the
Minister of Ecology, Geology
and Natural Resources of the
Republic of Kazakhstan
dated August 12, 2020, No. 188

The Rules for the provision of the state service "Coordination of the installation of fish protection devices for water intake structures"

Chapter 1. General Provisions

      1. These Rules for the provision of the state service "Coordination of the installation of fish protection devices for water intake structures" have been developed in accordance with subparagraph 1 of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On State Services" (hereinafter referred to as the Law) and shall determine the procedure for the provision of the state service "Coordination of the installation fish protection devices of water intake structures" (hereinafter referred to as the State service).

      2. The state service shall be provided by territorial subdivisions of the Fisheries Committee of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan (hereinafter- the service provider) to individuals and (or) legal entities (hereinafter - the service recipient).

      Footnote. Paragraph 2 is in the wording of the order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 06.10. 2021 No. 398 (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).

Chapter 2. The procedure for the provision of state services

      3. To receive a state service, the service recipient shall submit an application to the service provider through the web portal of "electronic government" www.egov.kz (hereinafter-the portal) in the form according to Annex 1 to these Rules.

      The list of basic requirements for the provision of a state service, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of provision of a state service shall be set out in the standard of state service "Coordination of the installation of fish protection devices for water intake structures" in accordance with Annex 2 to these Rules.

      The service provider shall receive information about identity documents, about state registration (re-registration) of a legal entity, about state registration of an individual entrepreneur, or about starting activities as an individual entrepreneur from the relevant state systems through the gateway of "electronic government".

      The status of acceptance of a request for the provision of a state service, as well as a notification indicating the date and time of receipt of the result of provision of a state service shall be sent to the service recipient in the "personal account".

      Footnote. Paragraph 3 is in the wording of the order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 06.10.2021 No. 398 (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).

      4. Is excluded by the order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 06.10.2021 No. 398 (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).

      5. The office of the service provider on the day of receipt of the documents shall carry out their reception, registration and send them for consideration to the service provider.

      In case of receipt of documents through the portal, the service provider within 1 (one) working day from the date of registration of documents, shall check the completeness of the submitted documents.

      In case of establishing the fact of the incompleteness of the submitted documents, as well as documents with an expired validity period, the employee of the responsible department within the specified period shall prepare and send a reasoned refusal to further consider the application in the form of an electronic document signed with an electronic digital signature (hereinafter referred to as EDS) of the authorized person of the service provider, to the "personal account" of the service recipient.

      6. When establishing the fact of completeness of the submitted documents, the employee of the responsible subdivision within 1 (one) working day shall examine them for compliance of the service recipient and (or) the submitted materials, objects, data and information necessary for the provision of a state service with the requirements established by the order of the Minister of Agriculture of the Republic of Kazakhstan dated May 31, 2019 No. 221 “On approval of the requirements for fish protection devices of water intake and waste facilities” (registered in the Register of state registration of regulatory legal acts No. 18783) and the requirements of these Rules, and issue an approval for the installation of fish protection devices of water intake structures or a reasoned refusal in the provision of a state service.

      The grounds for refusal to provide a state service, established by the legislation of the Republic of Kazakhstan, shall be set out in the standard of the state service "Coordination of installation of fish protection devices for water intake structures" in accordance with Annex 2 to these Rules.

      On the portal, the result of provision of a state service shall be sent and stored in the “personal account” of the service recipient in the form of an electronic document signed by the EDS of the authorized person of the service provider.

      Footnote. Paragraph 6 is in the wording of the order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 06.10.2021 No. 398 (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).

      7. In accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law, the service provider shall ensure that data is entered into the information system for monitoring the provision of state services on the stage of provision of state services in accordance with the Rules for entering data into the information system for monitoring the provision of state services on the stage of provision of state services, approved by Order Acting Minister of Transport and Communications of the Republic of Kazakhstan dated June 14, 2013, No. 452 (registered in the State Register of Normative Legal Acts under No. 8555).

Chapter 3. The procedure for appealing decisions, actions (inaction) of the service provider and (or) their officials on the provision of state services

      8. Consideration of a complaint concerning the provision of a state service shall be carried out by a higher administrative body, an official, an authorized body for the assessment and control over the quality of state services provision.

      The complaint shall be submitted to the service provider and (or) to the official whose decision, action (inaction) is being appealed.

      The service provider, an official, whose decision, action (inaction) is being appealed shall send it and the administrative file to the body considering the complaint no later than 3 (three) working days from the date of receipt of the complaint.

      At the same time, the service provider, an official, whose decision, action (inaction) is being appealed shall have the right not to send a complaint to the body considering the complaint if he makes a decision or other administrative action within 3 (three) working days that fully meets the requirements specified in the complaint.

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

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

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

      Footnote. Paragraph 8 is in the wording of the order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 06.10.2021 No. 398 (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).

  Annex 1
to the Rules for the provision of
state services "Coordination of the
installation of fish protection
devices for water intake structures"
  The form
  To _________________________
(name of the territorial unit)
from _______________________
(surname, name, patronymic
(if any), name of the legal entity)
____________________________
(address, telephone, and fax
numbers)
____________________________
(business identification number,
individual identification number)

Statement

      Hereby I request to issue an approval for _________________________________________

      __________________________________________________________________________

      __________________________________________________________________________

      Type of water intake structure _________________________________________________

      __________________________________________________________________________

      __________________________________________________________________________

       (brief description)

      Type of fish protection device _________________________________________________

      __________________________________________________________________________

      (brief description)

      Name and location of the water body (reservoir, region, district, settlement, village):

      __________________________________________________________________________

      __________________________________________________________________________

      __________________________________________________________________________

      Name of the reservoir ________________________________________________________

      Date/terms of the installation of the fish protection device: ___________________

      I hereby confirm the accuracy of the information provided and I am aware of the responsibility

      for providing false information in accordance with the legislation of the

      Republic of Kazakhstan.

      I hereby agree to the use of information constituting a secret protected by law, contained in information systems.

      Date of filing the application "___" ____________ 20__.

      __________________________________________________________________________

      (last name, first name, patronymic (if any), signature, place of the stamp 

      (except for persons who are a private enterprise) in case of submission through the EDS portal

      The application was accepted for consideration "___" ______________20___.

      __________________________________________________________________________

      (surname, name, patronymic (if any), of the person, accepted the application), signature

  Annex 2 to the
Rules for the provision of a state service
  "Coordination of the installation of fish protection
  devices for water intake structures"

      Footnote. Annex 2 is in the wording of the order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 06.10.2021 No. 398 (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).

Standard of a state service "Coordination of the installation of fish protection devices for water intake structures"

1

Name of the service provider

Territorial subdivisions of the Fisheries Committee of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan

2

Ways of providing a state service
 

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

3

The term for the provision of a state service

2 (two) working days
 

4

Form of the provision of a state service

Electronic (fully automated)

5

The result of the provision of a state service

Approval of the installation of fish protection devices for water intake facilities or a reasoned refusal.
The form of providing the result of the provision of a state service: electronic

6

The amount of payment collected from the service recipient in the provision of a state service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan

Free of charge

7

Schedule
 

1) the service provider - from Monday to Friday from 9.00 to 18.30, with a lunch break from 13.00 to 14.30, except for weekends and holidays, in accordance with the Labour Code of the Republic of Kazakhstan (hereinafter-the Code) and Article 5 of the Law of the Republic of Kazakhstan "On holidays in Republic of Kazakhstan” (hereinafter-the Law).
2) the Portal is open around the clock, except for technical breaks related to repair work (when the service recipient applies after the end of working hours, on weekends and holidays, according to the Code and Article 5 of the Law, the application shall be accepted and the result of the provision of public services issued on the next working day).
Addresses of places for the provision of a state service are posted on the Portal.

8

The list of documents required for the provision of a state service

An application certified by an electronic digital signature (hereinafter - EDS) of the service recipient in the form according to Annex 1 to these Rules;
an electronic copy of the design documentation for fish protection devices of water intake structures.

9

Grounds for refusal in the provision of a state service, established by the legislation of the Republic of Kazakhstan

1) establishing unreliability of the documents submitted by the service recipient for the receipt of a state 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 provision of a state service with the requirements established by the order of the Minister of Agriculture of the Republic of Kazakhstan dated May 31, 2019 No. 221 "On approval of requirements for fish protection devices of water intake and waste facilities" (registered in the Register of state registration of regulatory legal acts No. 18783) and the requirements of these Rules;
3) in relation to the service recipient there is a court decision (verdict) that has entered into legal force on the prohibition of activities or certain types of activities requiring the receipt of a certain state service;
4) in relation to the service recipient there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to the receipt of a state service.

10

Other requirements, taking into account the specifics of the provision of a state service

The service recipient receives a state service 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 a state service 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", 8-800-080-7777.

  Annex 3
to the Rules for the provision of
state services "Coordination of the
installation of fish protection
devices for water intake structures"

      Footnote. Annex 3 is excluded by the order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 06.10.2021 No. 398 (shall be enforced upon expiry of sixty calendar days after its first official publication).

  Annex 2
to the Order of the
Minister of Ecology, Geology
and Natural Resources of the
Republic of Kazakhstan
dated August 12, 2020, No. 188

Rules for the provision of the state service "Issuance of a certificate of origin of the catch"

Chapter 1. General Provisions

      1. These Rules for the provision of the state service "Issuance of a certificate of the origin of the catch" have been developed in accordance with subparagraph 1 of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On State Services" (hereinafter referred to as the Law) and shall determine the procedure for the provision of the state service "Issue of a certificate of the origin of the catch" (hereinafter referred to as the State Service).

      2. A state service shall be provided by territorial subdivisions of the Fisheries Committee of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan (hereinafter - the service provider) to individuals and (or) legal entities (hereinafter- the service recipient).

      Footnote. Paragraph 2 is in the wording of the order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 06.10.2021 No. 398 (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).

Chapter 2. The procedure for the provision of state services

      3. To receive the state service, the service recipient shall submit an application to the service provider through the web portal of "electronic government" www.egov.kz (hereinafter referred to as the Portal) in the form in accordance with Annex 1 to these Rules.

      The list of basic requirements for the provision of state services, including the characteristics of the process, the form, content, and result of the provision, as well as other information, taking into account the specifics of the provision of state services, shall be set out in the standard of the state service "Issuance of a certificate of origin of catch" in accordance with Annex 2 to these Rules.

      The service provider shall receive the information about identity documents, state registration (re-registration) of a legal entity, state registration as an individual entrepreneur, or starting an activity as an individual entrepreneur from the relevant state systems through the gateway of "electronic government".

      When applying, the service recipient shall consent to the use of information constituting a secret protected by law contained in information systems in the provision of state services, unless otherwise provided by the laws of the Republic of Kazakhstan.

      When the service recipient submits all the necessary documents through the portal, the service recipient shall be sent a status on the acceptance of the request for the provision of state services to the "personal account".

      4. On the day of receipt of the documents, the office of the service provider shall accept them, register them, and send them for consideration to the service provider.

      When the service recipient applies after the end of working hours, on weekends and holidays in accordance with the Labor Code of the Republic of Kazakhstan dated November 23, 2015, documents shall be accepted on the next working day.

      The Service Provider, within 1 (one) working day from the date of registration of documents, shall check the completeness of the submitted documents.

      In case of establishing the fact of the incompleteness of the submitted documents, as well as documents with an expired validity period, the employee of the responsible department within the specified period shall prepare and send a reasoned refusal to further consider the application in the form of an electronic document signed with an electronic digital signature (hereinafter referred to as EDS) of the authorized person of the service provider, to the "personal account" of the service recipient.

      5. When establishing the fact of the completeness of the submitted documents, the employee of the responsible unit within 1 (one) working day shall examine them for the compliance of the service recipient and (or) the submitted materials, objects, data, and information necessary for the provision of state services to the requirements established by paragraph 1- 3 article 26 of the Law of the Republic of Kazakhstan dated July 9, 2004 "On the protection, reproduction, and use of wildlife" and the requirements of these Rules, and form a certificate of the origin of the catch or a motivated refusal to provide state services.

      The result of the provision of state services shall be sent and stored in the "personal account" of the service recipient in the form of an electronic document signed by the EDS of the authorized person of the service provider.

      The grounds for refusing to provide state service, established by the legislation of the Republic of Kazakhstan, shall be set out in the standard of the state service "Issuance of a certificate of origin of catch" in accordance with Annex 2 to these Rules.

      6. In accordance with subparagraph 11) of paragraph 2 of Article 5 of the Law, the service provider shall ensure that data is entered into the information system for monitoring the provision of state services on the stage of provision of state services in accordance with the Rules for entering data into the information system for monitoring the provision of state services on the stage of provision of state services, approved by Order of Acting Minister of Transport and Communications of the Republic of Kazakhstan dated June 14, 2013, No. 452 (registered in the State Register of Normative Legal Acts under No. 8555).

Chapter 3. The procedure for appealing decisions, actions (inaction) of the service provider and (or) their officials on the provision of state services

      7. Consideration of a complaint concerning the provision of a state service shall be carried out by a higher administrative body, an official, an authorized body for the assessment and control over the quality of state services provision.

      The complaint shall be submitted to the service provider and (or) to the official whose decision, action (inaction) is being appealed.

      The service provider, an official, whose decision, action (inaction) is being appealed shall send it and the administrative file to the body considering the complaint no later than 3 (three) working days from the date of receipt of the complaint.

      At the same time, the service provider, an official, whose decision, action (inaction) is being appealed shall have the right not to send a complaint to the body considering the complaint if he makes a decision or other administrative action within 3 (three) working days that fully meets the requirements specified in the complaint.

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

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

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

      Footnote. Paragraph 7 is in the wording of the order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 06.10.2021 No. 398 (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).

  Annex 1
to the Rules for the provision of
state services "Issuance of a
certificate of origin of catch"
  The form
  To _________________________
(full name of the service provider)
From _______________________
(last name, first name, patronymic
(if any), or the name of a legal
entity)
address _____________________
(index, region, city, district,
street, building No., apartment No.
(if any), telephone)
details of the service recipient
____________________________
(business identification number,
individual identification number)

Statement
I hereby request you to issue a certificate of the origin of the catch. Information on caught fish or other aquatic animals:
For fish/other aquatic animals from their natural habitat/raised in artificial conditions/as part of reclamation fishing (specify the appropriate)

No.

Name of the place of catch (reservoir, site)

Types of fish and (or) other aquatic animals

The established quota/limit from July 1, 20__ to July 1, 20___ (tonne) (for fish and (or) other aquatic animals from their natural habitat)

Design capacity of the artificial breeding organization (tonne)

Within the framework of reclamation fishing (tonne)

The declared volume of catch on the day of circulation as of "___" _______20__ (tonne)

Balance as of "___" ___________ 20__ (tonne)

1

2

3

4

5

6

7

8

      Number and date of permission to use wildlife ______________

      Number and date of bill of lading No. _____, dated "____" ___________.

      Number and date of the sales and purchase agreement No. _____, dated "____" __________.

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

      I hereby agree to the use of information constituting a secret protected by law, contained in information systems.

      Date of filing the application "___" ____________ 20___.

      _______________________________________________________________

      (surname, name, patronymic (if any), signature, place of seal (except for persons who are a private enterprise) in case of submission through the EDS portal

  Annex 2
  to the Rules for the provision of
a state service "Issuance of a certificate
about the origin of the catch"

      Footnote. Annex 2 is in the wording of the order of the Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated 06.10.2021 No. 398 (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).

Standard of a state service "Issuance of a certificate about the origin of the catch"

1

Name of the service provider

Territorial subdivisions of the Fisheries Committee of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan

2

Ways of providing a state service

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

3

The term for the provision of a state service

2 (two) working days

4

Form of the provision of a state service

Electronic (fully automated)

5

The result of the provision of a state service

A certificate about the origin of the catch or a reasoned refusal. The form of providing the result of the provision of a state service: electronic
 

6

The amount of payment collected from the service recipient in the provision of a state service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan

Free of charge

7

Schedule
 
 

1) the service provider - from Monday to Friday from 9.00 to 18.30, with a lunch break from 13.00 to 14.30, except for weekends and holidays, in accordance with the Labour Code of the Republic of Kazakhstan (hereinafter-the Code) and Article 5 of the Law of the Republic of Kazakhstan "On holidays in Republic of Kazakhstan” (hereinafter-the Law).
2) the Portal is open around the clock, except for technical breaks related to repair work (when the service recipient applies after the end of working hours, on weekends and holidays, according to the Code and Article 5 of the Law, the application shall be accepted and the result of the provision of public services issued on the next working day).

8

The list of documents required for the provision of a state service
 

An application certified by an electronic digital signature (hereinafter - EDS) of the service recipient in the form according to Annex 1 to these Rules;
For fish and other aquatic animals raised in artificial conditions, supporting documents on artificial breeding and documents confirming the design capacity of the organization are provided.

9

Grounds for refusal in the provision of a state service, established by the legislation of the Republic of Kazakhstan

1) establishing unreliability of the documents submitted by the service recipient for the receipt of a state 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 a state service with the requirements established by paragraph 1-3 of Article 26 of the Law of the Republic of Kazakhstan "On the Protection, Reproduction and Use of Wildlife" and the requirements of these Rules;
3) in relation to the service recipient there is a court decision (verdict) that has entered into legal force on the prohibition of activities or certain types of activities requiring the receipt of a certain state service;
4) in relation to the service recipient there is a court decision that has entered into legal force, on the basis of which the service recipient is deprived of a special right related to the receipt of a state service.

10

Other requirements, taking into account the specifics of the provision of a state service

The service recipient receives a state service 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 a state service 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", 8-800-080-7777.