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JOINT ORDER OF THE MINISTER FOR CULTURE AND SPORTS OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of June 9, 2017 No. 172, on August 14, 2017 No. 301

About approval of criteria for evaluation of risk degree and checking sheets behind compliance with law of the Republic of Kazakhstan about National Archive Fund and archives, except for the state and local executive bodies

(as amended on 24-05-2023)

According to Item 5 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan, PRIKAZYVAYEM:

1. Approve enclosed:

1) criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about National Archive Fund and archives, except for the state and local executive bodies according to appendix 1 to this joint order;

2) criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about the electronic document and the electronic digital signature regarding electronic document management and electronic archives in sources of completing of National archive of the Republic of Kazakhstan, the central Public Records Offices and Public Records Offices, except for the state and local executive bodies according to appendix 2 to this joint order;

3) checking leaf behind compliance with law of the Republic of Kazakhstan about National Archive Fund and archives according to appendix 3 to this joint order;

4) checking leaf behind compliance with law of the Republic of Kazakhstan about the electronic document and the electronic digital signature regarding electronic document management and electronic archives in sources of completing of National archive of the Republic of Kazakhstan, the central Public Records Offices and Public Records Offices, except for the state and local executive bodies according to appendix 4 to this joint order;

5) the list of subjective criteria for determination of risk degree behind compliance with law of the Republic of Kazakhstan about National Archive Fund and archives according to appendix 5 to this joint order;

6) the list of subjective criteria for determination of risk degree behind compliance with law of the Republic of Kazakhstan about the electronic document and the electronic digital signature regarding electronic document management and electronic archives in sources of completing of National archive of the Republic of Kazakhstan, the central Public Records Offices and Public Records Offices, except for the state and local executive bodies according to appendix 6 to this joint order.

2. To provide to department of archiving and documentation of the Ministry of Culture and sport of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) within ten calendar days from the date of state registration of this joint order the direction of its copies in printing and electronic form in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within two working days after its official publication placement of this joint order on Internet resource of the Ministry of Culture and sport of the Republic of Kazakhstan;

4) submission to Department of legal service of the Ministry of Culture and sport of the Republic of Kazakhstan of data on execution of the actions provided by this Item within two working days after execution.

3. To impose control of execution of this joint order on the supervising vice-Minister for Culture and Sports of the Republic of Kazakhstan.

4. This joint order becomes effective after ten calendar days after day of its first official publication.

Minister for Culture and Sports of the Republic of Kazakhstan

___________ A. Mukhamediula

Minister of national economy of the Republic of Kazakhstan

____________ T. Suleymenov

It is approved

Chairman of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan

"___" ___________ 2017

 

____________ B. Musin

 

Appendix 1

to the joint Order of the Minister for Culture and Sports of the Republic of Kazakhstan and the Minister of national economy of the Republic of Kazakhstan of June 9, 2017 No. 172, on August 14, 2017 No. 301

Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about National Archive Fund and archives, except for the state and local executive bodies

Chapter 1. General provisions

1. These Criteria for evaluation of risk degree behind compliance with law of the Republic of Kazakhstan about National Archive Fund and archives, except for the state and local executive bodies (further – Criteria), are developed according to Items 5 and 6 of Article 141, Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan (further – the Code), the Law of the Republic of Kazakhstan "About National Archive Fund and archives", the approved order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 "About approval of form of checking leaf" (it is registered in the Register of state registration of regulatory legal acts at No. 17371) and Rules of forming, regulatory state agencies of system of assessment and risk management, approved by the order of the acting minister of national economy of the Republic of Kazakhstan of June 22, 2022 No. 48 (it is registered in the Register of state registration of regulatory legal acts at No. 28577), are intended for reference of subjects of control to risk degrees and selection of subjects of control when carrying out preventive control with visit of subject (object) of control (further – preventive control).

2. In these Criteria the following concepts are used:

1) point – quantitative measure of calculation of risk;

2) insignificant violation – violation of requirements, regarding procedure for document creation and control of their execution, document transfer adherence to deadlines on storage, registrations of cases for transfer on storage, procedure for use of archive documents;

3) normalization of data – the statistical procedure providing reduction of the values measured in different scales to conditionally general scale;

4) considerable violation – violation of requirements, namely:

on the organization of document flow, on accounting, storage of seals, stamps, forms, on acceptance, storage, accounting and use of documents of National Archive Fund (further – NAF) and other archive documents;

5) gross violation – violation of requirements which entailed or can entail:

illegal destruction (loss), spoil, forgery of NAF and other archive documents;

failure in submission of the archive documents collected in accordance with the established procedure affecting the rights, freedoms and legitimate interests of physical person or legal entity, or provision to physical person or legal entity of incomplete or obviously false information;

6) risk – probability of damnification as a result of activities of the subject of control to legitimate interests of physical persons and legal entities, valuable interests of the state taking into account severity of its effects;

7) criteria for evaluation of risk degree – set of the quantitative and qualitative indexes connected with the direct activities of the subject of control, features of industry development and factors influencing this development, allowing to carry subjects (objects) of control to different risk degrees;

8) objective criteria for evaluation of risk degree (further – objective criteria) – the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on risk degree in certain field of activity and which are not depending directly on separate subject (object) of control;

9) subjective criteria for evaluation of risk degree (further – subjective criteria) – the criteria for evaluation of risk degree used for selection of subjects (objects) of control depending on results of activities of specific subject (object) of control;

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