On approval of the Rules for the provision of public services "Issuance of a license for carriage of goods in the field of railway transport"

Order of Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated March 12, 2020 No. 130. Registered with the Ministry of Justice of the Republic of Kazakhstan on March 18, 2020, No. 20140.

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 Rules for the provision of public services "Issuance of a license for carriage of goods in the field of railway transport."

2. The Transport Committee of the Ministry of Industry and Infrastructure Development 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 Industry and Infrastructure Development of the Republic of Kazakhstan.

3. Control over the execution of this Order shall be entrusted to the supervising Vice Minister of Industry and Infrastructure Development 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.

Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan

K. Uskenbaev

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

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

Approved by Order dated March 12, 2020, No. 130

The Rules for the provision of the public service "Issuance of a license for carriage of goods in the field of railway transport" Chapter 1. General Provisions

1. These Rules for the provision of public services "Issuance of a license for carriage of goods in the field of railway transport" (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On State Services" and shall determine the procedure for the provision of state services "Issuance of a license for carriage of goods in the field of railway transport."

2. The rules shall apply to individuals and legal entities operating in the field of railway transport, regardless of the form of ownership.

3. The state service "Issuance of a license for carriage of goods in the field of railway transport" (hereinafter referred to as the License) shall be provided by the territorial bodies of the Transport Committee of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan (hereinafter referred to as the Service provider).

Chapter 2. The procedure for the provision of public services "Issuance of a license for carriage of goods in the field of railway transport"

4. An individual or a legal entity (hereinafter referred to as the service recipient), in order to obtain and (or) renew a license, sends to the service provider through the e–government web portal (hereinafter referred to as the portal):

1) one of the following applications:

an application of a legal entity to obtain a license in accordance with Appendix 1 to these Rules (hereinafter referred to as the application of a legal entity for obtaining a license);

an application of an individual to obtain a license in accordance with Appendix 2 to these Rules (hereinafter referred to as the application for an individual to obtain a license);

an application of a legal entity for renewal of a license in accordance with Appendix 3 to these Rules (hereinafter referred to as the application of a legal entity for renewal of a license);

an application of an individual for renewal of a license in accordance with Appendix 4 to these Rules (hereinafter – the application of an individual for renewal of the license);

2) fills in information on the form of information to the qualification requirements for the carriage of goods by rail, and the list of documents confirming compliance with them according to the appendix to the qualification requirements for the carriage of goods by rail, and the list of documents confirming compliance with them, approved by the order of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated January 23, 2015 No. 47 (registered in the Register of state registration of regulatory legal acts No. 10409) (hereinafter – qualification requirements).

The list of basic requirements for the provision of public services, including the characteristics of the process, form, content and result of the provision, as well as other information, taking into account the specifics of the provision of the public service, are set out in the list of basic requirements for the provision of the public service "Issuance of a license for the carriage of goods in the field of rail transport" in accordance with Appendix 5 to these Rules.

When the service recipient submits all the necessary documents through the portal, the status of acceptance of the request for the provision of the public service is displayed in the "personal account" of the service recipient, indicating the date of receipt of the result of the public service.

Renewal of the license is carried out in the cases specified in the application of the legal entity for renewal of the license and (or) the application of the individual for renewal of the license.

Footnote. Paragraph 4 - as amended by the order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 07.10.2022 No. 560 (shall be enforced sixty calendar days after the date of its first official publication).

5. The Service Provider shall carry out the registration of documents and information on the day of their receipt.

If the applicant applies after the end of working hours, on weekends and holidays in accordance with the labor legislation of the Republic of Kazakhstan, the application shall be accepted and the result of the provision of public services shall be issued on the next working day.

6. Information on state registration (re-registration) of a legal entity, on state registration as an individual entrepreneur, on a license, confirmation of payment to the budget of the license fee in case of payment through the payment gateway of "electronic government" (hereinafter referred to as the PGEG), the service provider shall receive from the relevant state information systems through the gateway of "electronic government".

7. The term for consideration of documents and issuance of the result of the provision of public services shall be 2 (two) working days.

8. When the service recipient submits an incomplete package of documents according to the list, and (or) expired documents, the service provider refuses further consideration of the application within 2 (two) working days from the date of registration of the documents and a notification is sent to the "personal account" of the service recipient in the form of an electronic document signed with an electronic digital signature (hereinafter – EDS) of the authorized person of the service provider.

When the service recipient submits a complete package of documents, the service provider within 2 (two) working days from the date of registration of the documents, verifies the authenticity of the submitted documents and compliance of the service recipient and (or) submitted documents and information with the requirements established by these Rules, and a license is issued or a license is renewed for the carriage of goods in the field of rail transport or a reasoned response is issued on refusal to provide the public service which is sent to 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 8 - as amended by the order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 07.10.2022 No. 560 (shall be enforced sixty calendar days after the date of its first official publication).

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

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

The authorized body in the field of transport, within ten calendar days after the state registration of the subordinate regulatory legal act, sends information about the changes and (or) additions to these Rules defining the procedure for providing public service to the service provider, the operator of the information and communication infrastructure of the "electronic government" and to the Unified Contact Center.

Footnote. Paragraph 9 - as amended by the order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 07.10.2022 No. 560 (shall be enforced sixty calendar days after the date of its first official publication).

10. In the event of a failure of the information system containing the necessary information for the provision of public services, the service provider within 1 (one) working day shall notify the operator of the information and communication infrastructure of "electronic government" by sending a request to the unified support service to the e-mail sd@nitec.kz with the obligatory provision of information on the name of the public service, the number and code of the administrative document of the application, or the unique identification number of the application, the number, and code of the administrative document, or the unique identification number of the permit document, the individual identification number/business identification number of the service recipient, with the attachment of step-by-step screenshots from the moment of authorization until the error occurs, indicating the exact time of the error.

Chapter 3. The procedure for appealing decisions, actions (inaction) of the service provider and (or) its officials on the provision of the public service "Issuance of a license for carriage of goods in the field of railway transport"

11. Consideration of a complaint concerning the provision of public services is carried out by a higher administrative body, an official, an authorized body for assessing and monitoring the quality of public services (hereinafter referred to as the body considering the complaint).

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

The service provider, the official 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 case to the body considering the complaint.

At the same time, the service provider, official, whose decision, action (inaction) are appealed, have the right not to send a complaint to the body considering the complaint if it takes a decision or other administrative action within three working days that fully meets the requirements specified in the complaint.

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 of the Republic of Kazakhstan "On public services" is 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 the assessment and control of the quality of public services is subject to consideration within 15 (fifteen) working days from the date of its registration.

Footnote. Paragraph 11 - as amended by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 28.02.2022 No. 111 (shall be enforced sixty calendar days after the date of its first official publication).

12. Unless otherwise provided by the laws of the Republic of Kazakhstan, an appeal to the court is allowed after an appeal in a pre-trial manner, according to paragraph 5 of Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan.

Footnote. Paragraph 12 - as amended by the order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 28.02.2022 No. 111 (shall be enforced sixty calendar days after the date of its first official publication).

Annex 1 to the Rules for the provision of public services "Issuance of a license for carriage of goods in the field of railway transport"

Application of a legal entity for obtaining a license

To _______________________________________________________________________

(full name of the licensor)

from ______________________________________________________________________

(full name, location, business identification number of a legal entity (including a foreign legal entity), business identification number of a branch or representative office of a foreign legal entity - if the legal entity does not have a business identification number)

I hereby request you to issue a license on the implementation of _______________________

(indicate the full name of the type of activity and (or) subtype (s) of activity)

Address of the legal entity ____________________________________________________

(postal code, country (for a foreign legal entity), region, city, district, town, street name, house/building number (stationary room)

Email ________________ ____________________________________________________

Phone numbers ____________________________________________________________

Address of the object of the activity or actions (operations)

__________________________________________________________________________

(postal code, region, city, district, settlement, street name, house/building number (stationary premises)

It is hereby confirmed that: all specified data are official contacts and they may be sent any information on the issue or refusal to issue a license; the applicant is not prohibited by the court from engaging in a licensed type and (or) subtype of activity; all attached documents are true and valid; the applicant agrees to the use of personal data of limited access, constituting a secret protected by law, contained in information systems, when issuing a license; _______________________________________________________________________

(signature) (surname, name, patronymic (if any) Date of filling: "___" _____ 20__

Annex 2 to the Rules for the provision of public services "Issuance of a license for carriage of goods in the field of railway transport"

Application of an individual for obtaining a license

To _______________________________________________________________________

(full name of the licensor)

from _____________________________________________________________________

(surname, name, patronymic (if any) of an individual, individual identification number)

I hereby request you to issue a license on the implementation of

_________________________________________________________________________

(indicate the full name of the type of activity and (or) subtype (s) of activity)

Address of the place of residence of an individual ________________________________

(postal code, region, city, district, town, street name, house/building number)

E-mail ____________________________________________________________________

Phone numbers _____________________________________________________________

Address of the object of the activity or actions (operations) ___________________________ _________________

(postal code, region, city, district, locality, street name, house/building number (stationary premises)

It is hereby confirmed that: all specified data are official contacts and any information on issues of issuing or refusing to issuance of a license; the applicant is not prohibited by the court from engaging in a licensed type and (or) subtype of activity; all attached documents are true and valid; the applicant agrees to the use of personal data of limited access, constituting a secret protected by law, contained in information systems, when issuing a license; Individual ____________________________________________________________

(signature) (surname, name, patronymic (if any) Date of filling: "___" _____ 20__

Annex 3 to the Rules for the provision of public services "Issuance of a license for carriage of goods in the field of railway transport"

Application of a legal entity for reissuing a license

To _______________________________________________________________________

(full name of the licensor)

from _____________________________________________________________________

(full name, location, business identification number of a legal entity (including a foreign legal entity),

business identification number of a branch or representative office of a foreign legal entity - if the legal

entity does not have a business identification number)

I hereby request you to reissue the license number __________ dated "___" _________ 20___ issued

__________________________________________________________________________

(number(s) of license(s), date of issue, name of the licensor, the licensing authority) on the implementation of

________________________________________________________________

(full name of the type of activity and (or) subtype(s) activities) on the following basis(s)

(indicate in the appropriate box X):

1) reorganization of the legal entity-licensee in accordance with the procedure determined

by Article 34 of the Law of the Republic of Kazakhstan "On Permits and Notifications" by

(indicate in the appropriate box X):

merger ____ transformation ____ accession ____ separation ____ division ____

2) change of the name and (or) location of the legal of the licensee (if the address

is indicated in the license) _________________________________________________

3) change of the address of the location of the object without physically moving it for

a license issued under the class "permits issued for objects" or for applications to a license indicating objects

4) the presence of a requirement to reissue in the laws of the Republic of Kazakhstan

________________________________________________________________________________

5) change of the name of the type and (or) subspecies of activity ______________________________

Address of the legal entity ____________________________________________________

(country - for a foreign legal entity, postal index, region, city, district, settlement, street name,

house/building (stationary premises) number e-mail ______________________________________

Phone numbers ___________________________________________________________

Address of the object of implementation of activities or actions (operations) ______________________

___________________________________________________________________________

(postal code, region, city, district, settlement, street name, house/building number (stationary premises)

It is hereby confirmed that: all specified data are official contacts and any information on issues of issuing

or refusing to issue a license may be sent to them; the applicant is not prohibited by the court from engaging

in a licensed type and (or) subtype of activity; all attached documents are true and valid; the applicant

agrees to the use of personal data of limited access, constituting a secret protected by law,

contained in information systems, when issuing a license and (or) annex to the license; __________

_______________________________________________________________

(signature) (surname, name, patronymic (if any) Date of filling: "__" __________ 20__.

Annex 4 to the Rules for the provision of public services "Issuance of a license for carriage of goods in the field of railway transport"

Application of an individual for reissuing of a license

To ______________________________________________________________________

(full name of the licensor)

from _________________________________________________

(surname, first name, middle name (if any) of an individual, an individual identification number)

I hereby request you to reissue the license number ____________ dated _________ 20___ issued _____________

(number(s) of license(s), date of issue, name of the licensor that issued the __________________

license) on the implementation of _______________________________________________

(full name of the type of activity and (or) subtype(s) of activity) on the following basis (indicate in the appropriate box X):

1) change of name, name, patronymic (if any) of an individual licensee ____________________

2) re-registration of an individual entrepreneur-licensee, change of his/her name _______________ _____________________________

3) change of the address of the location of the object without its physical movement for a license

issued under the class "permits issued for objects" or for annexes to a license indicating objects ______________

4) the existence of a requirement for re-registration in the laws of the Republic of Kazakhstan __________________________________

5) change in the name of the type and (or) type of activity _______________________________________________________________

Address of the place of residence of an individual ______________________________________________________________________

(postal code, region, city, district, settlement, street name, house/building number)

Email ___________________________________________________________________

Phone numbers ____________________________________________________________

Address of the object of the activity or actions (operations) ________________________________________________________________________________

(postal zip code, region, city, district, us location, street name, house/building number (stationary premises)

It is hereby confirmed that: all specified data are official contacts and any information on issues of issuing or refusing to issue a license can be sent to them; the applicant is not prohibited by the court from engaging in a licensed type and (or) subtype of activity; all attached documents are true and valid; the applicant agrees to the use of personal data of limited access, constituting a secret protected by law, contained in information systems, when issuing a license and (or) annex to the license;

Individual __________ ______________________________________________________

(signature) (surname, name, patronymic (if any) Date of filling: "__" _____ 20__.

Annex 5 to the Rules for the provision of public services "Issuance of a license for carriage of goods in the field of railway transport"

List of basic requirements for provision of the public service "Issuance of a license for the carriage of goods in the field of railway transport"

Footnote. Appendix 5 - as amended by the order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated 07.10.2022 No. 560 (shall be enforced sixty calendar days after the date of its first official publication).

The name of the public service "Issuance of a license for the carriage of goods in the field of railway transport" 1) Issuance of a license for the carriage of goods in the field of railway transport; 2) Renewal of a license for the carriage of goods in the field of railway transport.
1	Name of the service provider	Territorial bodies of the Transport Committee of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan
2	Methods of providing the public service	E-government web portal
3	The term of rendering the public service	2 (two) working days
4	The form of provision of the public service	Electronic (fully automated)
5	The result of provision of the public service	License, renewal of a license for the carriage of goods in the field of railway transport in the form of an electronic document signed by the service provider's EDS, or a reasoned refusal to provide a public service in the case and on the grounds provided for in paragraph 9 of this list. The form of providing the result of provision of the public service is electronic.
6	The amount of the fee charged to the service recipient for provision of the public service, and the methods of its collection in cases provided for by the legislation of the Republic of Kazakhstan	The state service is provided on a paid basis to individuals and legal entities. The license fee is paid to the local budget at the fee rate established by the Code of the Republic of Kazakhstan "On taxes and other mandatory payments to the budget (Tax Code)" and is: 1) for the issuance of a license – a six-fold monthly calculation index valid on the day of payment of the fee; 2) for the renewal of the license – 10% of the fee rate when issuing the license. Payment of the amount of the registration fee to the budget is made in cash and non-cash form through PGEG.
7	Schedule of work of the service provider, State Corporation and information objects	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 weekends and holidays, according to the labor legislation of the Republic of Kazakhstan; 2) the portal – around the clock, except for technical breaks in connection with repair work (when the service recipient applies after the end of working hours, on weekends and holidays according to the Code, applications are accepted and the results of provision of the public service are issued on the next working day).
8	The list of documents and information required from the service recipient for provision of the public service	To obtain a license: 1) the application of the legal entity for obtaining a license or the application of the individual for obtaining a license; 2) information in accordance with the qualification requirements; To renew the license: 1) the application of the legal entity for the renewal of the license or the application of the individual for the renewal of the license.
9	The grounds for refusal to provide the public service established by the laws of the Republic of Kazakhstan	1) engaging in a type of activity prohibited by the laws of the Republic of Kazakhstan for this category of entities (individuals or legal entities); 2) the license fee has not been paid; 3) the service recipient does not meet the qualification requirements; 4) there is a court decision (verdict) that has entered into force against the service recipient, prohibiting him from engaging in cargo transportation activities in the field of railway transport; 5) the court, on the basis of the recommendation of the bailiff, temporarily prohibits the service recipient from obtaining a license.
10	Other requirements, taking into account the specifics of provision of the public service, including those provided in electronic form and through the State Corporation	The address of provision of the public service is posted on the Internet resource of the service provider - www.miid.gov.kz , in the subsection "Public services" section Transport Committee. The service recipient has the opportunity to receive the public service in electronic form through the portal, subject to the availability of EDS. The service recipient has the opportunity to receive information about the procedure and status of provision of the public service in remote access mode through the portal's "personal account", as well as a unified contact center for provision of public services. The service recipient has the opportunity to obtain information on the procedure for rendering public service from the help desk of the Unified Contact Center for provision of public services: 1414, or on the Internet resource of the service provider - www.miid.gov.kz , in the subsection "Public services" section Transport Committee.