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I.O.'S ORDER OF THE MINISTER OF NATIONAL ECONOMY OF THE REPUBLIC OF KAZAKHSTAN

of July 31, 2018 No. 3

About approval of Rules of forming by state bodies of system of risks assessment and form of checking sheets

According to the subitem 3) Item 2 of Article 85 and item 4 of article 141 of the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 PRIKAZYVAYU:

1. Approve:

1) Rules of forming of system of risks assessment by state bodies according to appendix 1 to this order;

2) form of checking leaf according to appendix 2 to this order.

2. Declare invalid the order of the acting minister of national economy of the Republic of Kazakhstan of November 25, 2015 No. 722 "About approval of the Technique of forming by state bodies (except for National Bank of the Republic of Kazakhstan) systems of risk assessment, forms of the obligatory departmental reporting and checking sheets" (it is registered in the Register of state registration of regulatory legal acts for No. 12389, it is published on December 18, 2015 in information system of law of Ad_let).

3. To provide to development department of entrepreneurship of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:

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

2) within ten calendar days from the date of state registration of this order the direction it the copy 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) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry of national economy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

4. To impose control of execution of this order on the supervising vice-minister of national economy of the Republic of Kazakhstan.

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

Acting minister of national economy of the Republic of Kazakhstan

R. Dalenov

It is approved

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

July 27, 2018

 

________________ Zhakipbayev K. T.

Appendix 1

to the Order of the acting minister of national economy of the Republic of Kazakhstan of July 31, 2018 No. 3

Rules of forming of system of risks assessment by state bodies

Chapter 1. General provisions

1. Rules of forming of system of risk assessment by state bodies (further - Rules) are developed according to the Entrepreneurial code of the Republic of Kazakhstan of October 29, 2015 (further - the Code).

2. Rules are intended for development of criteria for evaluation of risk degree by regulatory state agencies for selection of subjects (objects) of control and supervision for the purpose of conducting checks and preventive control and supervision with visit of subject (object) of control and supervision, and also the checking sheets approved according to Items 2 and 3 of Article 141 and Item 1 of article 143 of the Code.

3. In these rules the following concepts are used:

1) risk - probability of damnification as a result of activities of the subject of control and supervision of life or to health of the person, the environment, legitimate interests of physical persons and legal entities, valuable interests of the state taking into account severity of its consequences;

2) system of risks assessment - complex of the events held by control facility and supervision for the purpose of purpose of checks and preventive control and supervision with visit of subject (object) of control and supervision;

3) 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 and supervision depending on risk degree in certain field of activity and which are not depending directly on separate subject (object) of control and supervision;

4) 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 and supervision depending on results of activities of specific subject (object) of control and supervision;

5) the checking sheet - the list of requirements including requirements imposed to activities of subjects (objects) of control and supervision which non-compliance involves threat of life and to health of the person, the environment, legitimate interests of physical persons and legal entities, the states.

4. Regulatory legal acts of state bodies about approval of criteria for evaluation of risk degree and checking sheets before their approval are subject to coordination with authorized body on legal statistics and special accounting regarding technical capability of automation of systems of risks assessment and compliance to requirements of information system - the unified register of subjects and objects of checks.

The term of coordination by authorized body on legal statistics and special accounting constitutes five working days.

5. The special procedure for conducting checks and preventive control and supervision with visit of subjects (objects) of control and supervision are applied to subjects (objects) of control and supervision carried to high risk.

Unscheduled inspections and preventive control and supervision without visit of subjects (objects) of control and supervision are applied to the subjects (objects) of control and supervision carried to high and not carried to high risk.

Chapter 2. Methods for special procedure for conducting checks based on semi-annual schedules

6. Criteria for evaluation of risk degree for special procedure for conducting checks based on semi-annual schedules are created by means of objective and subjective criteria.

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