In accordance with the legislation of the Republic of Kazakhstan, in relation to certain types of activities and actions (operations), a permissive or notification procedure is established, i.e. certain activities require a permit or notification. According to the Law of the Republic of Kazakhstan "On Permits and Notifications", a permitting or notification procedure is introduced depending on the level of danger of activities or actions (operations) to be carried out and is divided into the following levels:
- permits of the first category - licenses that are introduced in relation to types (subtypes) of activities or actions (operations) associated with a high level of danger;
- permits of the second category - all permits, which are not licenses, which are introduced in relation to types (subtypes) of activities or actions (operations) associated with an average level of danger;
- notifications are introduced for activities or activities associated with a low level of hazard, but requiring government agencies to receive information about the beginning or termination of such activities or activities.
The hazard levels of the activity or actions (operations) are established based on the analysis of the regulatory impact.
For the beginning and subsequent implementation of certain types of activities or actions (operations), individuals and legal entities must have a valid permit or send a notification to the state bodies that receive notifications in the manner prescribed by law. The implementation by individuals and legal entities of activities or actions (operations), for which the legislation has established a permitting or notification procedure, without obtaining the appropriate permission or without sending the appropriate notification is not allowed.
On January 1, 2021, the Law on Permits and Notifications was amended on the basis of the Law on Economic Growth Recovery. The amendments made it possible to obtain a license for the provision of financial services by a branch of a foreign legal entity.
In accordance with the law "On Permits and Notifications", a license is a permit of the first category issued by a licensor to an individual or legal entity, as well as to a branch of a foreign legal entity, the subject of which is the provision of financial services, to carry out a licensed type of activity or a subtype of a licensed type of activity related with a high level of danger.
The issuance of permits is carried out on an equal basis and on equal terms for all persons who meet the qualification or permitting requirements.
Depending on the objects of regulation, permits are divided into the following classes:
1) class 1 - permits issued for activities;
2) class 2 - permits issued for objects;
3) class 3 - one-time permits;
4) class 4 - permits issued for activities with limited resources or using quotas;
5) class 5 - permits issued for professional activities to individuals;
6) class 6 - product permits.
License means a permit of the first category issued by the licensor to an individual or legal entity, as well as to a branch of a foreign legal entity, the subject of which is the provision of financial services, to carry out a licensed type of activity or a subtype of a licensed type of activity associated with a high level of danger.
Certain types of activities or actions (operations) in the following areas are subject to licensing:
1) television and radio broadcasting;
2) protection and use of objects of historical and cultural heritage;
4) architecture, urban planning and construction;
7) informatization and communication;
8) circulation of narcotic drugs, psychotropic substances, precursors;
9) health care;
10) the use of atomic energy;
11) ensuring information security;
12) special technical means intended for carrying out operational-search measures;
13) circulation of weapons, military equipment and certain types of weapons, explosives and products with their use;
14) circulation of toxic substances;
15) manufacturing of state symbols of the Republic of Kazakhstan;
16) production and circulation of ethyl alcohol and alcoholic beverages, production of tobacco products;
17) commodity exchanges;
18) export and import;
19) the financial sector and activities related to the concentration of financial resources;
20) the use of outer space;
21) gambling business;
22) veterinary medicine;
25) forensic expertise, including forensic medical, forensic narcological and forensic psychiatric examinations;
26) services for individuals and legal entities.
Peculiarities of submission of documents for issuance of a permit and (or) annex to it by foreign legal entities
Foreign legal entities pay fees or fees charged in the implementation of licensing or licensing procedures on their own, provided they receive their own business identification number or through branches and (or) representative offices of these legal entities registered in the Republic of Kazakhstan, subject to the authority of the heads of branches and (or) representative offices and using the details and business identification numbers of such branches and (or) representative offices.
A complete list of activities subject to licensing and the amount of license fees, as well as a list of second category permits and a list of notifications are specified in the Law “On Permits and Notifications”.
Licensing and sending notifications are carried out in electronic form using the state information system of permits and notifications and the state electronic register of permits and notifications.
Licensing procedures are carried out in electronic form using the state information system of permits and notifications and the state electronic register of permits and notifications, taking into account the provisions of paragraph 3 of Article 52 of the Law "On Permits and Notifications".
Permits issued in electronic form are equivalent to paper permits.
The licensing authorities are obliged to include in the state electronic register of permits and notifications information on the licensing procedures carried out in paper form simultaneously with the implementation of the licensing procedure.
To obtain a permit through the State Corporation, the applicant has the right to apply to the State Corporation regardless of its location, with the exception of permits in the financial sector and for activities related to the concentration of financial resources.
If the applicant applies for the permitting procedure through the State Corporation, the employee of the State Corporation certifies an electronic application or other similar document with his electronic digital signature issued for use for official purposes. Such certification is carried out on the basis of the written consent of the applicant.
If the applicant applies for a permit and (or) an annex to a permit on paper, the permit and (or) annex to the permit are issued in electronic form, printed and certified with the seal of the permitting authority and the signature of the head of the permitting authority.
A permit and (or) annex to a permit shall be issued on paper if it is not possible to issue a permit and (or) an annex to a permit in electronic form.
In the case of submitting an application in electronic form through the state information system of permits and notifications, the registration of the application by the licensor and the body authorized to issue a permit of the second category is carried out within one working day.
Licenses are issued at the location of the licensor.
If the licensors are local executive bodies or territorial bodies of the central state body, the license and (or) annex to the license are issued:
1) at the place of registration of an individual or legal entity or a branch or representative office of a foreign legal entity, with the exception of licenses issued under the class "permits issued for objects", which are issued at the place of their activity;
2) a foreign legal entity that does not have a branch or representative office on the territory of the Republic of Kazakhstan, at the place of its activities, except for cases when the legislation of the Republic of Kazakhstan provides otherwise.
3. To obtain a license and (or) an annex to a license, the applicant shall submit the following documents:
2) for legal entities carrying out activities in the financial sector and activities related to the concentration of financial resources, as well as activities related to the circulation of civilian and service weapons and ammunition for them, activities related to the circulation of narcotic drugs, psychotropic substances, precursors, activities related to the implementation of security activities - a copy of the charter (notarized if the originals were not submitted for verification);
3) certificate of state registration (re-registration) of the legal entity of the applicant - for a legal entity;
4) a copy of an identity document - for an individual;
5) a copy of the document confirming the payment of the license fee for the right to engage in certain types of activities, except for cases of payment through the payment gateway of "electronic government";
6) documents confirming the applicant's compliance with the qualification requirements in the cases and in the manner established by the legislation of the Republic of Kazakhstan.