Article 1. The basic concepts used in this Law of the Law on Permits and Notifications

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The following basic concepts are used in this Law:

1) The State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation) is a legal entity established by decision of the Government of the Republic of Kazakhstan to provide public services in accordance with the legislation of the Republic of Kazakhstan, organize work on accepting applications for public services and issuing their results to the service recipient on the "one–stop shop" basis, and ensure the provision of public services. services in electronic form;

1-1) authorized body in the field of informatization – the central executive body responsible for the management and inter-sectoral coordination in the field of informatization and e-government;

1-2) licensing control carried out for compliance with the qualification or licensing requirements for permits issued, requirements for notifications sent, – the activities of licensing authorities for the implementation of state control aimed at ensuring compliance with qualification or licensing requirements by licensees and holders of permits of the second category, as well as applicants who sent the notification, after the issuance of a license or permit of the second category, as well as inclusion in the state electronic register of permits and notifications;

2) qualification requirements – a set of quantitative and qualitative standards and indicators characterizing the ability of the applicant and the licensee to engage in a separate licensed type of activity and (or) a subspecies of the licensed type of activity, presented both when issuing a license and (or) an appendix to the license, and throughout the entire period of its validity;

3) the body authorized to issue permits of the second category is a state body or an official whose competence, in accordance with the legislation of the Republic of Kazakhstan, includes the functions of implementing the licensing procedure.;

4) the holder of a second category permit is a natural or legal person who has a valid second category permit.;

5) licensed type of activity – a type of activity (a certain action (operation, insurance classes), for which a license is required in accordance with this Law;

6) license – a first-category permit issued by the licensor to an individual or legal entity, as well as to a branch of a foreign legal entity whose business is the provision of financial services, to carry out a licensed type of activity or a subspecies of a licensed type of activity associated with a high level of danger;

7) licensor is a state body that carries out licensing in accordance with this Law.;

8) licensee – a natural or legal person, as well as a branch of a foreign legal entity, the subject of which is the provision of financial services, licensed;

9) subspecies of the licensed type of activity – specification of the corresponding licensed type of activity within the framework of one license;

10) licensing – a set of measures related to the issuance and renewal of a license and (or) appendices to the license and a duplicate license and (or) appendices to the license, the implementation of permissive control, suspension, renewal and termination of the license and (or) appendices to the license;

11) alienability of a license – the possibility of reissuing a license to another individual or legal entity without conducting procedures to verify compliance with its qualification requirements;

12) a valid permit is an issued, extended or reissued permit, the validity of which has not been suspended or terminated in accordance with this Law.;

13) the applicant is an individual or legal entity, a branch or representative office of a legal entity, a licensee, a holder of a second–category permit who has applied to the relevant licensing authority for licensing or permitting procedures or has sent a notification;

13-1) the automatic mode of checking the applicant and issuing a permit is a mode in which the application is reviewed and the permit is issued without the participation of the responsible person of the licensing authority.;

14) regulatory state bodies – state bodies responsible for regulating business activities in a specific area in which a licensing or notification procedure has been introduced or is planned to be introduced;

15) a permit is a confirmation of the right of an individual or legal entity, as well as a branch of a foreign legal entity whose business is the provision of financial services, to carry out activities or actions (operations) carried out by licensing authorities or a licensing procedure.;

16) excluded by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective sixty calendar days after the date of its first official publication).

17) licensing authorities – licensors and bodies authorized to issue permits of the second category;

18) the permissive procedure is the establishment of the obligation of a person to have a valid permit provided for by this Law before starting an activity or actions (operations).;

19) permissive procedure – a set of measures related to the issuance of permits of the second category and the performance of other actions provided for by the legislation of the Republic of Kazakhstan in relation to it, as well as the implementation of permissive control;

20) permissive requirements – a set of quantitative and qualitative standards and indicators characterizing the ability of the applicant and the holder of a permit of the second category to carry out a separate type of activity or action (operation) for which a permissive procedure has been introduced, both when issuing a permit of the second category and throughout the entire period of its validity;

20-1) permissive control prior to the issuance of a permit and (or) an annex to a permit, as well as upon notification (hereinafter referred to as permissive control) – the activities of permissive authorities aimed at establishing the applicant's compliance with qualification or licensing requirements prior to the issuance of a permit and (or) an annex to a permit, as well as upon notification;

21) the state electronic register of permits and notifications is a component of the state information system of permits and notifications containing information on issued, reissued, suspended, cancelled, extended, renewed and terminated permits and their duplicates, as well as on notifications received;

22) the authorized body in the field of permits and notifications is the central government body responsible for the management and inter–sectoral coordination in the field of permits and notifications.;

23) regulatory impact analysis of a permissive or notification procedure (hereinafter referred to as regulatory impact analysis) is an analytical procedure for comparing the benefits and costs of an introduced permissive or notification procedure, which makes it possible to assess the achievement of the goals of state regulation, as well as self–regulation of subjects of professional or entrepreneurial activity in the future.;

24) tightening of the licensing or notification procedure - the establishment of additional requirements, duties or other increase in the burden on applicants, licensees or holders of permits of the second category;

25) the state information system of permits and notifications is an information system that is a component of the "electronic government", designed to carry out licensing and licensing procedures in electronic form in terms of obtaining a permit with an identification number, sending a notification by the applicant and ensuring these processes.;

26) electronic permit form – a permit in the form of an electronic document, issued and received using the state information system of permits and notifications, equivalent to a hard copy permit;

27) historical data – information about permits and notifications issued or sent during the period of temporary or permanent absence from the licensing and state bodies receiving notifications, the possibility of maintaining a state electronic register of permits and notifications;

27-1) excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication);

28) notification – a document drawn up by the applicant in accordance with the form approved by the authorized body in the field of permits and notifications, the National Bank of the Republic of Kazakhstan or the authorized body for regulation, control and supervision of the financial market and financial organizations, informing about the beginning or termination of activities or actions;

29) notification procedure – the establishment of the obligation of an individual or legal entity, prior to the commencement of activities or actions, to notify the state body responsible for receiving notifications, in accordance with the procedure established by this Law.;

30) an accompanying permit is a permit of the second category, which, in accordance with the legislation of the Republic of Kazakhstan, is a prerequisite for issuing another permit to the applicant.;

31) excluded by the Law of the Republic of Kazakhstan dated 12/30/2020 No. 397-VI (effective six months after the date of its first official publication).

The Law of the Republic of Kazakhstan dated May 16, 2014 No. 202-V SAM.

This Law regulates public relations related to the introduction and implementation of a permissive or notification procedure for the implementation by private business entities and other persons of certain types of activities or actions provided for by this Law.

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Republic of Kazakhstan

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