JOINT ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN AND MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of March 6, 2017 No. 242, on March 24, 2017 No. 126

About approval of criteria for evaluation of risk degree and checking leaf in the sphere of civil registration

According to Item 3 of Article 141 and Item 1 of article 143 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015, PRIKAZYVAYEM:

1. Approve:

1) criteria for evaluation of degree of risks in the sphere of civil registration according to appendix 1 to this joint order;

2) checking leaf of activities of structural divisions of local executive bodies (registering bodies) performing civil registration according to appendix 2 to this joint order.

2. To provide to department of registration service and organization of legal services of the Ministry of Justice 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 and its official publication;

2) placement of this joint order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this joint order on the supervising deputy minister of justice of the Republic of Kazakhstan.

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

Minister of Justice of the Republic of Kazakhstan

__________ M. Beketayev

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 of Justice of the Republic of Kazakhstan the Minister of national economy of the Republic of Kazakhstan of March 6, 2017 No. 242, on March 24, 2017 No. 126

Criteria for evaluation of degree of risks in the sphere of civil registration

Chapter 1. General provisions

1. These Criteria for evaluation of degree of risks in the sphere of civil registration (further - Criteria) are developed according to the Entrepreneurial Code of the Republic of Kazakhstan of October 29, 2015 (further - the Code), the Law of the Republic of Kazakhstan of March 18, 2002 "About judicial authorities" and Rules of forming by the state bodies of system of risks assessment and form of checking sheets approved by the order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3 (it is registered in the Register of state registration of regulatory legal acts No. 17371).

2. In these Criteria the following concepts are used:

1) insignificant violations - violation of the rights of the citizens connected from state registration of the birth of the child, marriage (matrimony) at the request of the parents or marrying (matrimony) in a festive atmosphere in registering body or in specially intended state wedding palaces, lack of registration of the entering documentation, appeals of physical persons and legal entities in registers, and also in electronic document management system, the untimely direction of data on change of the location of registering body

2) considerable violations - untimely provision of the reporting on civil registration, not departure of the request for blocking of login of the dismissed official of the personal login of other official used for work in IS "RP ZAGS", use for work in IS "RP ZAGS" as officials, violation of order of registration of acts of civil status, use not to destination forms of certificates of acts of civil status, by results of consideration the statement issue of unreasonable refusal in civil registrations, improper execution of the ratified international treaties on civil, family and criminal cases, untimely submission of notices on modification, corrections and amendments in assembly records on the second copies, and also the second copies of the conclusions about change of surname, name and middle name, about modification, corrections and amendments in assembly records, about recovery and cancellation of assembly records, inadequate issue of repeated certificates and certificates of civil registration, inadequate modification, corrections, amendments, recovery, cancellation of civil registrations, inadequate creation and storage of assembly books, availability of one and more confirmed claim or addresses, availability on official the Internet resources and in printing editions of information on the facts of illegal civil registration;

3) objective criteria for evaluation of degree of risks (further - objective criteria) - the criteria for evaluation of risk degree used for selection of subjects of control depending on risk degree in certain field of activity and which are not depending directly on the certain subject of control;

4) gross violations - violation of legality in case of civil registration, the entailed violations (infringements) of the rights and interests of physical persons, wrong, incomplete and inexact input of data in the information system "Registration Item REGISTRY OFFICE" (further - IS "RP ZAGS"), violation of procedure for reception of applications on civil registration concerning foreign citizens, stateless persons, inadequate accounting and storage of forms of certificates of acts of civil status, disclosure of personal data of citizens, the mysteries of private life, paternity proof, adoption, not creation of the protocol on administrative prosecution in case of detection of the facts about concealment of the circumstances interfering marriage or the message of false data in case of civil registration, availability of the facts of pronouncement by courts of private resolutions or determinations concerning the subject of control removal by court of the decision on recognition of the fact of registration which took legal effect invalid in which his fault, and also the facts of removal by court the decisions which took legal effect, concerning the subject of control, according to reasonable complaints about actions or failure to act of officials in which his fault is specified is specified;

5) 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 consequences;

6) the subject of control - the structural divisions of local executive bodies performing civil registration (further - registering body);

7) subjective criteria for evaluation of degree of risks (further - subjective criteria) - the criteria for evaluation of risk degree used for selection of subjects of control depending on results of activities of specific subject (object) of control;

3. Criteria for evaluation of degree of risks for preventive control with visit of the subject of control in the sphere of civil registration are created by means of objective and subjective criteria.

Chapter 2. Objective criteria

4. By objective criteria the registering bodies of local executive bodies performing civil registration treat high risk.

5. Reference of subjects of control to high risk is performed depending on probability of damnification to legitimate interests of physical persons, interests of the state as a result of the activities of subjects of control connected with ensuring safety of mystery of private and family life, secrecy of adoption, protection of the rights of citizens in the sphere of compliance with law about personal data which can lead to illegal distribution of mystery of private and family life, secrecy of adoption, distribution of personal data and to entail violation of the rights guaranteed by the state and freedoms of the citizen.

6. Concerning registering bodies unscheduled inspections, preventive control with visit of the subject of control are carried out.

Subjective criteria for the purpose of carrying out preventive control with visit of the subject of control are applied to the subjects of control carried by objective criteria to high risk.

Chapter 3. Subjective criteria

7. Determination of subjective criteria is performed using the following stages:

1) forming of the database and information collection;

2) information analysis and risks assessment.

8. Forming of the database and information collection are necessary for identification of the subjects of control violating the law of the Republic of Kazakhstan.

For assessment of degree of risks the following sources of information are used:

1) results of monitoring of the reporting and the data represented by the subject of control including by means of the automated information systems;

2) results of the previous checks and preventive control with visit of the subject of control;

3) analysis results of the data represented by authorized bodies and the organizations;

4) availability and the number of the confirmed claims and addresses;

5) analysis of official Internet resources of state bodies, mass media.

9. Based on the available information sources subjective criteria are subdivided into three extents of violation: rough, considerable, insignificant.

The following measure calculation of degree of risks is applied to reference of the subject of control to degree of risks.

In case of identification of one gross violation, to the subject of control the exponent of risks 100 is equated and concerning it preventive control with visit of the subject of control is carried out.

If gross violations are not revealed, for measure definition of degree of risks the total indicator on violations of considerable and insignificant degree is calculated.

In case of measure definition of considerable violations the coefficient of 0,7 is applied and this indicator is calculated by the following formula:

SRZ = (SP2 x 100/SP1) x 0,7,

where:

SRZ - indicator of considerable violations;

SP1 - the required number of considerable violations;

SP2 - the number of the revealed considerable violations;

In case of measure definition of insignificant violations the coefficient of 0,3 is applied and this indicator is calculated by the following formula:

SRN = (SP2 x 100/SP1) x 0,3,

where:

SRN - indicator of insignificant violations;

SP1 - the required number of insignificant violations;

SP2 - the number of the revealed insignificant violations;

The general exponent of risks (SP) is calculated on scale from 0 to 100 and is determined by summing of indicators of considerable and insignificant violations by the following formula:

SP = SRZ + SRN,

where:

SP - the general exponent is risk;

SRZ - indicator of considerable violations;

SRN - indicator of insignificant violations.

Subjective criteria for evaluation of degree of risks of activities of subjects of control are given in appendix to these Criteria.

On exponents of risks the subject of control belongs:

1) to high degree of risks - in case of exponent of risks from 61 to 100 inclusive and concerning it preventive control with visit of the subject of control is carried out;

2) does not treat high degree of risks - in case of exponent 0 to 60 and concerning it preventive control with visit of the subject of control is not carried out.

In case of information analysis and risks assessment data of the subjective criteria which are earlier considered and used concerning the specific subject of control are not applied.

Frequency rate of carrying out preventive control with visit of the subject of control cannot be more often than once a year.

The analysis of the received data and assessment on indicators is performed till April first of the next year once a year. The analyzed period is last year.

Preventive control with visit of the subject of control are carried out based on the lists of preventive control with visit of the subject of control created in with the Entrepreneurial Code of the Republic of Kazakhstan.

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